Case 2420659/2020 · Employment Tribunal
Mr S Jafrate v Royal Mail Group Limited — 2022
- Case reference
- 2420659/2020
- Decision date
- 3 November 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shotter
- Panel members
- Mr S Hussain, Ms F Crane
Parties
2 namedClaimant
Mr S Jafrate
Respondent
Key findings
Tribunal's reasoningThe claimant, an operational postal grade employee, relied on thyroid problems and anxiety and depression as disabilities. The Tribunal found that the respondent accepted thyroid disability from March 2014 and anxiety and depression from October 2020. The reasonable adjustments complaints concerning 2014-2018 were brought outside the statutory time limit; the Tribunal declined to extend time and also found, in the alternative, that those complaints were not well-founded.
For the later reasonable adjustments complaints, the Tribunal found that the respondent had made adjustments including indoor work, adjusted walks, reduced walking, earlier start times, dual preparation, access to toilet facilities and a quiet room option. It found that the claimant had not established the pleaded substantial disadvantages in a number of respects, and that where duties did place him at a disadvantage, reasonable adjustments had been made.
Most harassment allegations were dismissed. The Tribunal upheld one harassment allegation arising from 17 December 2020, when a colleague repeated words referring to the claimant's refusal the previous day to put out trays and go home. The Tribunal found that this conduct related to disability and had the proscribed effect under section 26 Equality Act 2010. Remedy for that finding was adjourned.
The victimisation complaints were dismissed. The Tribunal accepted that the 3 November 2020 grievance was a protected act, but found no causal connection between that grievance and the alleged detriments, including requests about trays, mask-related instructions, the workplace coach allowance issue, and the door-to-door leaflet investigation.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Failure to make reasonable adjustments under sections 20-21 Equality Act 2010. The 2014-2018 complaints were out of time and not extended; in the alternative they were not well-founded. The March-October 2020 and remaining reasonable adjustments complaints were dismissed. | Dismissed | Disability | — |
| Harassment | Only harassment allegation 7.4 succeeded: on 17 December 2020 a member of staff shouted three times, 'I am not putting out the trays, I will go home'. All other harassment allegations were dismissed. Remedy was adjourned to a separate hearing. | Upheld | Disability | — |
| Victimisation | The grievance of 3 November 2020 was accepted as a protected act, but the Tribunal found no victimisation. The 21 April 2021 grievance was not found to be a protected act. | Dismissed | Disability | — |
| Other | The claimant confirmed that the claim for other payments was withdrawn and agreed it was to be dismissed on withdrawal. | Withdrawn | — | — |
Legal tests applied
30 references- s.20 Equality Act 2010
- s.21 Equality Act 2010
- s.26 Equality Act 2010
- s.27 Equality Act 2010
- s.39 Equality Act 2010
- s.123 Equality Act 2010
- s.136 Equality Act 2010
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Official outcome judgment PDF
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