Case 2405821/2020 · Employment Tribunal
Mr S Mathers v Able Skip Hire Limited — 2021
- Case reference
- 2405821/2020
- Decision date
- 6 May 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Benson
- Panel members
- Mr A G Barker, Ms E Cadbury
Parties
2 namedClaimant
Mr S Mathers
Respondent
Key findings
Tribunal's reasoningThe tribunal heard the case on 28 April 2021 before Employment Judge Benson, sitting with Mr A G Barker and Ms E Cadbury. In the written record, the tribunal stated that reasons had been given orally at the hearing and that written reasons would not be provided unless requested. The judgment itself records liability findings only and does not set out any monetary award figures.
The direct discrimination claim failed and was dismissed. The claim of victimisation also failed and was dismissed. By contrast, the claim of discrimination arising as a consequence of the claimant's disability was found well founded and succeeded.
The tribunal also found in the claimant's favour on the employment and pay claims. It upheld the claim for unauthorised deductions in respect of accrued holiday pay, the claim that the respondent breached the contract of employment by failing to provide notice, and the claim that the respondent failed to provide a written statement of the claimant's main terms and conditions of employment contrary to section 1 of the Employment Rights Act 1996.
Claims and outcomes
6 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Direct discrimination claim. | Dismissed | Disability | — |
| Disability discrimination | Claim of discrimination arising as a consequence of the claimant's disability. | Upheld | Disability | — |
| Victimisation | Recorded from the judgment. | Dismissed | Disability | — |
| Unlawful deduction from wages | Unauthorised deductions in respect of accrued holiday pay. | Upheld | — | — |
| Breach of contract | Claim that the respondent breached the contract by failing to provide notice. | Upheld | — | — |
| Other | Claim under section 1 of the Employment Rights Act 1996 for failure to provide a statement of main terms and conditions of employment. | Upheld | — | — |
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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