Mr A Wilson v Tesco Stores Ltd — 2021

The respondent conceded that the claimant had a disability, pulmonary fibrosis. The Tribunal found that conversations on 13 May 2019 and 20 May 2019 about capability and a warehouse operative contract related to limitations placed on the claimant by his disability. It found that the claimant reasonably felt humiliated and vulnerable, and that the conduct amounted to harassment related to disability.

The Tribunal also found that the same 13 May and 20 May conversations were unfavourable treatment because of something arising from disability. It accepted that the respondent had legitimate aims around management of capability and support for colleagues with long-term medical conditions, but found that raising capability was not proportionate in the circumstances, including because the claimant was working in chill 2 with assistance and the additional cost was described as trivial.

Several other alleged harassment incidents were not upheld: the Tribunal found the 24 January 2019 canteen conversation did not humiliate the claimant, there was no evidence of the alleged 30 January 2019 email, and the alleged video incident did not occur. It accepted that on 2 September 2019 the claimant was left without proper direction on his return to work and that this was humiliating and related to his disability. The reasonable adjustments claim failed because, although the role involved pushing and pulling units and the claimant was disadvantaged without assistance, the Tribunal did not consider it reasonable to require those adjustments to be permanent in that role.