Ms R Tabone v AZ Trading Limited — 2021

Ms R Tabone worked as a bubbleologist for AZ Trading Limited from 17 December 2019 to 20 January 2020. The Tribunal found that she had Crohn's disease, which the Respondent accepted was a disability, and that she also had Leri Weill dyschondrosteosis. At interview she volunteered information about her conditions and previous sickness, was offered a trial shift on 5 December 2019, and after a successful trial shift was employed on a six-month probationary basis at GBP 7.70 per hour.

The Tribunal preferred the evidence of the Respondent's witnesses on the material disputes. It found that the Claimant was not criticised for toilet breaks, was not asked to work at tasks she had not been trained to do, and had not asked for reasonable adjustments; on her own evidence, her disability did not affect her ability to perform the role. The Tribunal also found that the allegations that Mr Mehmood said the company had told him not to employ anyone with health issues, or that she was dismissed in front of staff and customers, were not made out.

The dismissal was found to have been for poor performance during probation. The Tribunal accepted that the Claimant had fallen behind with orders, mishandled a loyalty card, refused reasonable management instructions on 12 January and 19 January 2020, and made errors on 15 January when asked to prepare drinks and waffles. On that basis it dismissed the claims for direct disability discrimination, discrimination arising from disability, failure to make reasonable adjustments, and harassment. No remedy was awarded.