Case 2501681/2023 · Employment Tribunal
Mr N Clark v North Yorkshire Council HELD AT: Middlesbrough — 2023
- Case reference
- 2501681/2023
- Decision date
- 7 March 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Aspden
- Panel members
- Mrs C Hunter, Mrs P Wright
Parties
2 namedClaimant
Mr N Clark
Key findings
Tribunal's reasoningThe tribunal, sitting with Employment Judge Aspden and lay members Mrs C Hunter and Mrs P Wright, unanimously held that Mr N Clark's disability discrimination complaint under section 15 of the Equality Act 2010 was well founded. The upheld complaints concerned the capability process between December 2022 and 7 March 2023, the January 2023 suspension on medical grounds, dismissal, the omission to consider him for alternative work involving or requiring driving, and the refusal of his appeal.
The tribunal also upheld the unfair dismissal complaint. In addition, it found that the respondent victimised Mr Clark and discriminated against him in the provision of a reference in June 2023, under section 108 of the Equality Act 2010 read with sections 15 and 27.
The reasonable adjustments complaint under section 39 was dismissed because it had been withdrawn by the claimant. The judgment also states that the remaining claims were not well founded and were dismissed. No monetary award is stated in the extracted judgment text.
Claims and outcomes
5 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 | Section 39 read with section 15 complaint concerning the capability process between December 2022 and 7 March 2023, suspension on medical grounds in January 2023, dismissal, omission to consider alternative work involving or requiring driving, and refusal of the appeal. | Upheld | Disability | — |
| Unfair dismissal | Complaint of unfair dismissal. | Upheld | — | — |
| Victimisation | Complaint that the respondent victimised the claimant in the provision of a reference in June 2023. | Upheld | — | — |
| Disability discrimination | Complaint that the respondent discriminated against the claimant in the provision of a reference in June 2023, under section 108 read with sections 15 and 27. | Upheld | Disability | — |
| Disability discrimination | Reasonable adjustments complaint under section 39; the tribunal dismissed it because it had been withdrawn by the claimant. | Withdrawn | Disability | — |
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.
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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