Mr D Scantlebury-Watson v Protect My Property Services Limited — 2021

Mr Scantlebury-Watson was disabled by Asperger's syndrome. The tribunal accepted that Protect My Property first became aware of the disability by 28 May 2019, and later found that Mr Siddle was told on 12 July 2019. It accepted that the claimant needed clear expectations, routine, structure and regular feedback, and it did not accept that the covert recordings damaged his credibility. Breach of contract and unlawful deduction of wages were withdrawn earlier in the proceedings.

The section 15 claim for discrimination arising from disability succeeded. The tribunal found that the claimant was treated unfavourably through criticism that he was overstepping the mark or exceeding his authority, comments and remarks passed to Ms O'Shea, the lack of clear feedback and structure, and ultimately dismissal. It found that these matters arose from disability-related needs for order, routine, clarity and feedback, and that redundancy was not the operative reason for dismissal. The tribunal rejected the respondent's justification case, holding that dismissal was not a proportionate means of achieving the stated aims.

The claim for failure to make reasonable adjustments failed because the tribunal held that the pleaded PCP of not providing a job description which clearly defined the role was not made out; it found that the job advert, induction and later written job description adequately described the role. The harassment claim related to disability was found to have been presented out of time, so the tribunal had no jurisdiction to determine it, although the tribunal said many of the factual allegations would have supported harassment findings had time not been an issue. On remedy, the tribunal awarded £18,358.50 for past loss and £5,744.51 for future loss, £7,500 for injury to feelings plus £500 aggravated damages, £5,500 for psychiatric injury, and interest, taking the total award to £44,432.13.