Mr M Qurashi, For the v Respondent — 2022

The tribunal found that the claimant was dismissed for redundancy after the CSJV sites at Uxbridge closed at the end of January 2021. It accepted that the respondent carried out a consultation process, offered vacancies at Euston, Hampstead Bridge Road, Adelaide Road, Acton and Denham, and made repeated attempts to hold meetings by Teams and at alternative locations. The claimant declined or did not attend a number of those meetings and offers, and the tribunal held that the dismissal was fair under s.98(2) and s.98(4) ERA 1996.

The tribunal found that the claimant was disabled within s.6 Equality Act 2010 because his learning difficulties had a substantial and long-term adverse effect on day-to-day activities, including travelling independently. It accepted that a requirement to attend work at a place required by the respondent during the furlough period put him at a substantial disadvantage in relation to travel, but held that the respondent had not failed to make reasonable adjustments because it had offered work at Acton and had made reasonable efforts to engage with him by other means during the Covid period. The claims under s.20 Equality Act 2010 were dismissed.

On discrimination arising from disability, the tribunal held that the respondent did not refuse furlough because of the claimant's disability but because it believed there was available work near his home. It also held that the redundancy dismissal was a proportionate means of achieving a legitimate aim because the claimant had refused the roles offered and the old job had disappeared, so the s.15 Equality Act 2010 claim was dismissed. The holiday pay claim was dismissed, but the tribunal upheld unpaid notice pay at £1,264.80 gross and unpaid redundancy pay at £1,051.20 further, using a gross weekly pay of £520.80. It also increased the award by £2,083.20 under s.38 Employment Act 2002 because the written statement of employment particulars was inadequate, making a total award of £4,399.20.