Case 3200806/2020 · Employment Tribunal
Stacey Uden as executor of Karolis Skema v Saint Gobain Building Distribution Ltd — 2020
- Case reference
- 3200806/2020
- Decision date
- 3 December 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Housego Representation
Parties
2 namedClaimant
Stacey Uden as executor of Karolis Skema
Respondent
Key findings
Tribunal's reasoningThe hearing addressed the preliminary issue of whether Mr Skema was disabled by reason of a mental health impairment during his employment and, if so, whether the Respondent knew or should have known of that disability. The tribunal found that he had severe depression, that it had lasted or would be expected to last at least 12 months, and that its effects on sleeping, eating and withdrawal were more than minor or trivial.
The tribunal found that Mr Skema had kept his mental health problems private before 13 September 2019, had no significant absences, and had not mentioned mental health issues to the Respondent before that date. It found that the Respondent knew from September 2019 that he had mental health problems of a disabling nature, including after the GP letter in November 2019, but did not know and could not reasonably have been expected to know that the condition was long term or likely to last at least 12 months.
Because knowledge or putative knowledge of disability was a prerequisite for the disability discrimination claim, that claim was dismissed. The unfair dismissal claim and the bonus or other moneys claim were dismissed following withdrawal by the Claimant.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | The tribunal found that Mr Skema had a mental impairment amounting to disability, but that the Respondent did not know and could not reasonably have been expected to know that the impairment had lasted, or was likely to last, at least 12 months. The judgment says the claim was dismissed and the reasons also refer to strike out. | Dismissed | Disability | — |
| Unfair dismissal | The judgment states that the unfair dismissal claim was dismissed upon withdrawal by the Claimant. | Withdrawn | — | — |
| Unlawful deduction from wages | The judgment describes this as a claim for other moneys and later as a bonus claim. It was dismissed upon withdrawal after the Claimant accepted Mr Skema had left before the bonus accrued. | Withdrawn | — | — |
Legal tests applied
4 references- Equality Act 2010 disability definition
- substantial effect
- minor or trivial
- knowledge or putative knowledge
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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