Case 4104174/2023 · Employment Tribunal
Member L Grimes Tribunal Member L Hutchison Miss C Gallacher v Foundever UK Ltd — 2024
- Case reference
- 4104174/2023
- Decision date
- 7 June 2024
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Robison
- Venue
- Glasgow
- Panel members
- L Grimes, L Hutchison
Parties
2 namedClaimant
Member L Grimes Tribunal Member L Hutchison Miss C Gallacher
Respondent
Key findings
Tribunal's reasoningThe claimant had worked for the respondent and its predecessors since 1998 and had a disability arising from a benign brain tumour/cyst. A 15-minute catch-up adjustment at the start of shifts had been in place since she returned to work in 2007. By the final hearing, the claimant was no longer pursuing the unlawful deduction claims, and the case proceeded on disability discrimination only.
On the direct discrimination allegations, the tribunal applied section 13 of the Equality Act 2010 and considered the comparator and the reason why the respondent acted as it did. It found that the March and April 2023 deductions of £6.30 and £36.93 were made in error and were not because of disability. It also found that the July 2023 suspension of SSP was motivated by HR's investigation into the interaction between SSP and income protection payments, and a concern about possible overpayment, rather than disability, although the claimant should have been told in advance.
The tribunal similarly rejected the allegation that the delayed payment of the final income protection sum in late 2023 and January 2024 was discriminatory. It accepted the respondent's evidence that the delay was connected to settlement discussions and the claimant's debt, and not to her disability. The tribunal noted that the claimant believed she had been treated unfairly and deliberately, but that was not enough to establish disability discrimination.
On reasonable adjustments, the tribunal applied sections 20 and 21 of the Equality Act 2010 and found that the 15-minute adjustment had been removed in late September and November 2021, then reinstated on 3 December 2021. It held that any claim based on the 2021 events was out of time, that there was no continuing act into 2023, and that it would not be just and equitable to extend time. For 2023, it found no removal of the adjustment and treated the March and April deductions as an error rather than a failure to maintain reasonable adjustments. All disability discrimination claims were dismissed.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Direct disability discrimination claim based on deductions of £6.30 in March 2023 and £36.93 in April 2023. The tribunal found the sums had been deducted in error and not because of the claimant's disability. | Dismissed | Disability | — |
| Disability discrimination | Direct disability discrimination claim based on the July 2023 suspension of SSP. The tribunal accepted the respondent's explanation that SSP was suspended while HR investigated the interaction between SSP and income protection payments and possible overpayment, and later reinstated with arrears. | Dismissed | Disability | — |
| Disability discrimination | Direct disability discrimination claim based on delay in paying the final income protection payment received in January 2024. The tribunal found the delay was linked to settlement discussions and the claimant's debt, not to disability. | Dismissed | Disability | — |
| Disability discrimination | Failure to maintain reasonable adjustments claim concerning 15 minutes' catch-up time at the start of shifts. The tribunal found the adjustment was removed in late September/November 2021 and reinstated on 3 December 2021, but any claim about that period was out of time; it also found no removal or failure in 2023. | Dismissed | Disability | — |
Legal tests applied
9 references- s.13 Equality Act 2010
- appropriate comparator
- the reason why
- same or similar circumstances
- s.20(3) Equality Act 2010
- s.21(2) Equality Act 2010
- schedule 8 paragraph 20
- continuing act
- just and equitable to extend time
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.
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