Member L Brown Tribunal Member A Matheson Michael McCourt v Tesco Distribution Ltd — 2022

The tribunal heard Michael McCourt's victimisation claim under section 27 of the Equality Act 2010 arising from David Weir's decision to stop him attending Tesco Distribution Ltd's Livingston depot. It was accepted that McCourt had previously brought an Employment Tribunal claim against Carntyne Transport Ltd alleging disability discrimination, that Weir knew of that claim, and that preventing McCourt from entering the depot was a detriment.

The tribunal found that the earlier claim was a significant influence on Weir's decision, although not the only reason. It relied on the 12 June 2020 email asking Weir to set out the reasons for barring McCourt, which referred to the tribunal claim in its first paragraph, together with the earlier 28 April 2020 email describing McCourt as "nothing but trouble" and Weir's discussion of the claim with Robert Milne. In applying section 27, the tribunal treated the question as one of significant influence rather than sole cause, and it approached burden of proof by reference to the Igen, Madarassy, Hewage and Efobi line of authority.

The tribunal accepted that Weir had some genuine concerns about tachograph compliance, route deviations and vehicle incidents, but found his evidence on the reasons for the decision was not credible or reliable and that some of the stated concerns were exaggerated or added as make-weight reasons. It held that Tesco Distribution Ltd was liable for the detriment and that Weir was liable under sections 109 and 110 of the Equality Act 2010.

On remedy, the tribunal awarded £10,000 for injury to feelings, plus £1,600 interest. It also allowed financial loss from July 2020 to November 2021, assessing the principal loss at £15,263.62 and interest at £2,340.25. The total award was £29,203.87.