Case 3323281/2021 · Employment Tribunal
Mr Nick Thoday v John Lewis plc — 2024
- Case reference
- 3323281/2021
- Decision date
- 5 September 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hutchings
- Venue
- Cambridge
- Panel members
- Mr C. Grant, Miss W. Smith
Parties
2 namedClaimant
Mr Nick Thoday
Respondent
Key findings
Tribunal's reasoningThe claimant brought complaints of health and safety detriment, unfair dismissal, discrimination arising from disability, and failure to make reasonable adjustments. The tribunal recorded that the respondent accepted COPD as a disability at the relevant time, but did not accept that the claimant had long covid or a heart condition at the relevant time; the tribunal found he was not disabled by long covid or a heart condition.
The health and safety detriment complaint was dismissed because it was not presented within the applicable time limit and it had been reasonably practicable to present it in time. The disability discrimination complaints were dismissed as not well-founded.
On unfair dismissal, the tribunal found the reason for dismissal was capability, based on the claimant's inability to do his chef role and a long period of sickness absence. It found the respondent obtained occupational health advice, explored alternative roles and support, and followed a fair process; the unfair dismissal complaint was dismissed.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Health and safety detriment under section 44 Employment Rights Act 1996 was dismissed as out of time. | Dismissed | — | — |
| Disability discrimination | Failure to make reasonable adjustments was dismissed; the tribunal found the claimant was not disabled by long covid or a heart condition at the relevant times, while COPD was accepted. | Dismissed | Disability | — |
| Disability discrimination | Discrimination arising from disability was dismissed as not well-founded. | Dismissed | Disability | — |
| Unfair dismissal | The tribunal found the claimant was fairly dismissed for capability following long-term sickness absence. | Dismissed | — | — |
Legal tests applied
5 references- section 6 Equality Act 2010
- section 44 Employment Rights Act 1996
- section 94 Employment Rights Act 1996
- section 15 Equality Act 2010
- sections 20 and 21 Equality Act 2010
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
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