Miss J McDonald v Tyneway Trading Limited — 2020

The tribunal found that Tyneway Trading Limited's business was in decline and was being wound down, with the result that all employees would eventually be made redundant. It held that the claimant was dismissed by reason of redundancy, not for any other reason, and that the respondent gave adequate warning and adopted a fair approach to timing by dismissing the claimant and George before the other employees because their work could cease first. The tribunal concluded that the decision fell within the band of reasonable responses under section 98(4) ERA 1996, referring to Iceland Frozen Foods Ltd v Jones and HSBC Plc (formerly Midland Bank Plc) v Madden.

On the disability issues, the tribunal accepted that the claimant suffered from Reynaud's Disease but found that she was not disabled within section 6 Equality Act 2010 because the condition did not have a substantial and long-term adverse effect on normal day-to-day activities. It relied on the evidence that she remained a fast and effective machinist, was independent at home, and described only limited difficulty with matters such as fastenings and opening bottles. The tribunal therefore dismissed all disability discrimination claims.

Even if the claims had been capable of succeeding on the facts, the tribunal found no direct discrimination, no indirect discrimination, no failure to make reasonable adjustments, and no discrimination arising from disability. It found that the request not to do George's cutting work was immediately accommodated, that there was no evidence of any disadvantage from the alleged warehouse PCP, that no adjustments were sought apart from the February incident, and that the claimant's earlier dismissal was not attributable to something arising from disability. The tribunal also found the 12 February 2019 incident to be unwanted and unfortunate, but held that the conduct did not relate to disability and so did not amount to harassment. No remedy was awarded.