B Trainor (director of the respondent) For the v Respondent — 2024

The claimant, a grit blaster employed since September 2016, was dismissed on 17 March 2023 while on long term sickness absence following an injury. The respondent relied on capability as the reason for dismissal. The tribunal found the dismissal unfair, and also found that it amounted to discrimination arising from disability under s15 Equality Act 2010, because the claimant was dismissed because of an inability to carry out his duties that arose from his disability and the respondent did not show that dismissal was a proportionate means of achieving a legitimate aim. The wrongful dismissal (notice pay) claim was admitted by the respondent and upheld, with an entitlement to six weeks' notice pay at the full weekly rate.

The tribunal dismissed the s13 direct disability discrimination claim and the s20 reasonable adjustments claim. On the latter, the tribunal did not accept that the respondent operated the pleaded practice of dismissing employees unable to work due to illness or injury without allowing a period of recovery, noting that the circumstances were one off and that a period of recovery had in fact been allowed between 29 January 2023 and the dismissal on 17 March 2023.

The tribunal also upheld the claim that the respondent failed to provide a statement of employment particulars, making an award of two weeks' pay under s38 Employment Act 2002 rather than the higher four weeks, as the claimant had not raised the absence of a statement during six years of employment. Injury to feelings was awarded at GBP 8,500, placed at the higher end of the lower Vento band, reflecting that the discrimination was a one off act without a sustained campaign and without evidence of significant long lasting impact, while recognising the seriousness of a discriminatory dismissal from a six year role and its impact on family relationships. A further remedy hearing was listed for 7 January 2025 to determine the remaining financial loss.