Mr A. Sarkozy v Amalga Ltd — 2023

At a preliminary hearing on 17 November 2021, the claimant confirmed that the only claims he wished to pursue were unfair dismissal and disability discrimination, and that he did not wish to pursue statutory redundancy pay or indirect race discrimination. He later confirmed at the start of the final hearing that he was not pursuing a failure to make reasonable adjustments claim, and that claim was dismissed on withdrawal. The Tribunal also refused the respondent's application to stop the claimant pursuing a section 15 Equality Act 2010 claim and, if necessary, granted permission to amend so that claim could proceed.

The Tribunal found that the claimant was a disabled person within section 6 Equality Act 2010 at the relevant time, but that his parents were not disabled persons within the meaning of the Act. It dismissed the section 13 direct disability discrimination claim because there was no causal connection between the dismissal and the claimant's disability or any disability of his parents. It also dismissed the section 15 discrimination arising from disability claim because there was no causal connection between the dismissal and the claimant's disability-related absence.

The unfair dismissal claim was dismissed because the Tribunal found that the reason for dismissal was conduct and that dismissal was a sanction the respondent could reasonably impose after following a reasonably fair procedure. The wrongful dismissal claim for notice pay was also dismissed because the Tribunal found that the claimant had acted in repudiatory breach of his contract of employment and that the respondent was entitled to dismiss him summarily in response. No monetary award was made.