member: N Bakshi Tribunal member: N Elliot Mr M Cowie v Mr D Gray Instructed by Messrs Thompsons Mr M Cahill Mr P O’Hare Mr D Harkins Mr H Young Ms S Hodge Ms L Campbell Ms M Kirkland Ms M Cassidy Ms K A McCrone Case No.: 4105098/2020 & Others Page Scottish Fire and Rescue Service — 2021

The tribunal considered two grouped claims arising from the respondent's COVID-19 special leave arrangements: a section 15 Equality Act 2010 disability discrimination claim and an indirect sex discrimination claim under section 19. It found that the disability claim succeeded for the claimants who were required to use accrued TOIL and annual leave before paid special leave. The tribunal held that this amounted to unfavourable treatment because of something arising in consequence of disability and that the respondent had not shown the treatment to be justified.

On the sex discrimination claim, the tribunal held that the claim failed at the group disadvantage stage. Although the claimants argued that women were more likely to be disadvantaged because they were more likely to have childcare responsibilities, the tribunal was not persuaded that, on the evidence before it, women were more likely than men to need to rely on the special leave policy and use TOIL or annual leave first. It therefore found the indirect sex discrimination claim ill founded and dismissed it.

Remedy was dealt with on the evidence available at the liability hearing. The tribunal had no wage or financial information that would allow it to quantify a compensatory award. It found that Mr Cowie's evidence did not show compensable injury to feelings from the discriminatory treatment itself, and it was not prepared to infer injury to feelings for the remaining claimants who did not give evidence. It concluded that it was not just and equitable to award any compensation to any claimant.