Mr S Kirk v Tesco Stores Ltd — 2021

The Tribunal held that the claimant's dismissal was discrimination arising from disability under s15 Equality Act 2010. It also held that the respondent failed to make reasonable adjustments in part: the respondent conceded failures to send five documents in the correct format after 31 March 2019, and the Tribunal found similar failures for two additional documents sent between 2 and 30 March 2019. The reasonable adjustment allegations about lighting levels, an HR representative at meetings, and taxi costs failed.

The harassment claim succeeded in part. The Tribunal found that questions asked by Ms Taylor about the claimant's gym attendance and gaming activities at the meeting on 2 March 2019 amounted to harassment on the grounds of disability, but Mr Richardson's comments in a telephone conversation around 8/9 May 2019 did not.

The victimisation claim and indirect discrimination claim failed and were dismissed. For the successful claims, the respondent was ordered to pay £16,153.88, including £12,000 for injury to feelings, a £1,800 uplift under s207A TULRCA 1992, interest, and agreed financial losses of £220.80 arising from the s15 claim.