Mr R Gould v ARL Services (UK) Limited — 2019

Mr R Gould was found to be a disabled person within section 6 Equality Act 2010 by reason of ADHD. He had transferred under TUPE to ARL Services (UK) Ltd in July 2014 with a contract dated 1 November 2009 containing salary, bonus and sick pay provisions. The tribunal found that the respondent did not know of his disability at the TUPE transfer and that later concerns about the contract terms, performance and the business relocation were driven by commercial issues rather than disability.

Mr Gould withdrew his victimisation complaint, and the tribunal dismissed it upon withdrawal under rule 52 of the Employment Tribunals Rules of Procedure 2013. It dismissed the claims of direct disability discrimination, harassment related to disability, discrimination arising from disability and failure to make reasonable adjustments. The tribunal found that he had been referred to occupational health, that the respondent was willing to consider a phased return and mediation, and that the requirement to return to head office after D'Albiac House closed was a business decision. It also found that the targets set from April 2015 were not excessively high, that the claimant's own evidence was inconsistent about whether they were achievable, and that the complained-of incidents, including the 19 May 2015 meeting, the seizure of the contract, escorted access at D'Albiac House and the opening of the safe, were not shown to be because of disability.

On the unlawful deduction from wages claim, the tribunal held that clause 10.1 required sick pay to be calculated by dividing annual salary by 52 weeks, then by 5, and multiplying by 90 days. On that basis it declared that the correct sick pay figure for a 90-day period was £24,230.80. However, it had not been addressed on time limits or the precise periods and amounts recoverable, so the claim was listed for a later remedy hearing unless the parties reached agreement.