Mr M.J. Ashwood v DHL Services Limited — 2025

The claimant, an HGV driver employed by DHL Services Limited from 27 October 2014 until 14 December 2023, was dismissed for misconduct. He brought complaints of ordinary unfair dismissal, automatic unfair dismissal under s.100(1)(e) ERA 1996, direct disability discrimination, discrimination arising from disability, failure to make reasonable adjustments, and holiday pay. The respondent conceded he was a disabled person by reason of spinal fusion, left ankle weakness and neck pain.

On unfair dismissal, the tribunal found the reason for dismissal was conduct and that the respondent genuinely believed the claimant had committed misconduct on reasonable grounds following a reasonable investigation, and that dismissal fell within the range of reasonable responses. The s.100 claim also failed. On the disability claims, the tribunal found that the decision to allocate a different vehicle on 10 July 2023 and the requirement to take his back brace with him were not less favourable treatment and were not because of disability; where any unfavourable treatment was arguable, it was a proportionate means of achieving a legitimate aim of operational flexibility. The proposed adjustments (same truck daily; only box trailers) were not reasonable, given the existing adjustment of assistance with curtain trailers.

On holiday pay, the tribunal held the contract permitted calculation on the statutory entitlement of 5.6 weeks (28 days) and the respondent had in fact credited 29 days, so there was no unlawful deduction. The tribunal also addressed limitation, noting that the 10 July 2023 incident and the curtain-trailer complaint were outside the primary time limit and, since the in-time dismissal claim did not succeed, conduct extending over a period could not be established. All complaints were dismissed.