Case 3311652/2021 · Employment Tribunal
Mr M Markowski v Tesco Stores Ltd — 2023
- Case reference
- 3311652/2021
- Decision date
- 2 November 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hawksworth
- Venue
- Watford
- Panel members
- Mr D Bean, Mr D Sutton
Parties
2 namedClaimant
Mr M Markowski
Respondent
Key findings
Tribunal's reasoningThe tribunal unanimously held that three disability-related complaints succeeded. It found a failure to make reasonable adjustments and discrimination arising from disability in relation to a warning issued on 24 October 2020 under the attendance management procedure.
The tribunal also upheld a complaint of harassment related to disability concerning the failure to implement recommendations in occupational health reports dated 16 June 2020, 9 November 2020 and 9 March 2021. The claimant's other complaints failed and were dismissed.
The respondent was ordered to pay £8,802.74, comprising £7,000 for injury to feelings and £1,802.74 interest. The respondent's application for costs was refused.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Failure to make reasonable adjustments succeeded in relation to the warning issued on 24 October 2020 under the attendance management procedure. | Upheld | Disability | — |
| Disability discrimination | Discrimination arising from disability succeeded in relation to the warning issued on 24 October 2020 under the attendance management procedure. | Upheld | Disability | — |
| Harassment | Harassment related to disability succeeded in respect of the failure to implement recommendations in occupational health reports dated 16 June 2020, 9 November 2020 and 9 March 2021. | Upheld | Disability | — |
| Unfair dismissal | The judgment states that the claimant's other complaints failed and were dismissed. The gov.uk listing identifies unfair dismissal, but the judgment does not set out separate reasons. | Dismissed | — | — |
| Race discrimination | The judgment states that the claimant's other complaints failed and were dismissed. The gov.uk listing identifies race discrimination, but the judgment does not set out separate reasons. | Dismissed | Race | — |
Remedy
Monetary award- Total award
- £8,803
- across all upheld claims
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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