Mr S Howard v Parkdean Resorts UK Limited — 2023

The tribunal found that the claimant was disabled for Equality Act purposes by reason of a learning disability, but dismissed all claims. It held that the respondent’s actions followed safeguarding concerns raised by staff about the claimant’s interactions with children on site, including hand-holding, crouching down to speak to children in close proximity, and being in the play park area when not working. The tribunal found that the respondent genuinely relied on those safeguarding concerns and reasonably concluded that images of children found in the claimant’s caravan belonged to him.

On direct sex discrimination, the tribunal found no facts from which it could infer that the treatment complained of, including the complaints made, the search of the caravan, the investigation, or the dismissal, was because of the claimant’s sex. It accepted evidence that safeguarding concerns would be treated seriously regardless of sex. On direct disability discrimination, the tribunal accepted Ms Green’s evidence that she did not know of the claimant’s disability, and found that the investigation and dismissal were not because of disability.

On the section 15 claim, the tribunal was not satisfied that the matters relied on by the claimant were shown to arise from his disability in the way alleged, or that the treatment complained of was because of any such matter. It also found that, if necessary, the respondent’s actions were a proportionate means of achieving the legitimate aim of safeguarding children. On harassment, the tribunal held that the search, lock change, investigation, and withholding of the images did not violate the claimant’s dignity or create the proscribed environment, whether considered individually or cumulatively.