Atack Members: Mrs L Brown Mr T Lithgow Mr M Samson v Represented by: Mr W McPartland Solicitor Baillie Estates Ltd — 2019

The claimant worked as a fitter from 11 July 2016 until his dismissal with one week's notice on 14 February 2018, effective 21 February 2018. After chest pain in October 2017, he later informed the respondent by email on 5 December 2017 that a haematologist had said it was definitely polycythaemia vera and that he needed continued treatment. The respondent accepted that he was a disabled person for Equality Act purposes. The tribunal found that Mr Baillie knew by 5 December 2017 that the claimant had a form of blood cancer, and that when the claimant returned to work on 22 January 2018 no proper enquiries were made about his health or any adjustments.

On the reasonable adjustments complaint, the tribunal found that the respondent required the claimant to carry out physically demanding work within set timescales and that this placed him at a substantial disadvantage compared with non-disabled fitters. It held that reasonable adjustments would have included a phased return to work, lighter duties, or a change of duties in line with his skill set. The tribunal concluded that the respondent failed to comply with sections 20 and 21 of the Equality Act 2010.

On the dismissal, the tribunal accepted that complaints had been made about jobs at Best Way, Finn and Bear, and Knight Frank, but found that those complaints would not have merited action if investigated. It found that the claimant's fatigue after the health and safety test and difficulty with the Knight Frank work arose from his disability, and that his dismissal was unfavourable treatment because of something arising in consequence of disability under section 15. It also found direct disability discrimination under section 13, concluding that the claimant was dismissed because he was disabled and that a fitter without polycythaemia vera would not have experienced the same tiredness or difficulty. No award was made for past or future loss of earnings; the tribunal awarded £9,000 for injury to feelings plus £635.18 interest, totalling £9,635.18.