Mr S Maltby v Chestnut Inns Limited — 2022

Mr Maltby worked as Head Chef for Chestnut Inns Limited from 29 January 2020 to 11 February 2021. At this preliminary hearing the tribunal allowed him to amend the disability claim so that he could rely on additional alleged impairments, including obesity, opioid pain medication, asthma and a seizure. It refused proposed amendments to add automatic unfair dismissal claims under ERA sections 100 and 103A because it considered those proposed claims had no reasonable prospect of success.

Applying section 6 of the Equality Act 2010 and the authorities cited, the tribunal held that Mr Maltby was not a disabled person at material times. It found that he had suffered a seizure in 2019, most likely linked to an accidental tramadol overdose, but there was no further seizure or treatment. His asthma was diagnosed but mild and untreated, the burn to his hand on 17 December 2020 had substantially healed by 17 February 2021, taking opioid pain relief was not itself an impairment, obesity had not caused an adverse effect on normal day-to-day activities at the relevant time, and PTSD was not present at material times. The tribunal also found that his later medical position could not be worked back to the dismissal date, and dismissed the discrimination arising from disability claim.

The unfair dismissal claim was struck out because Mr Maltby had not completed two years' continuous employment. The breach of contract claim concerning early payment of wages in December 2020 was also struck out because, even if there had been a breach, there was no financial loss and no reasonable prospect of success. The claims for one week's notice pay and holiday pay were not struck out and were left to proceed to a later hearing. No monetary award was made in this preliminary judgment.