J Chalmers S Singh Mr David Daly v Represented by: J Colledge - Solicitor Robinsons Scotland Ltd — 2022

At the preliminary hearing the claimant was recorded as no longer insisting on a redundancy payment claim because he had already received statutory redundancy pay. The tribunal accepted that he was disabled at the relevant times. It also held that relevant discrimination events before 8 July 2020 were in time on a just and equitable basis, and that the claimant's 7 May 2020 conversation about continued employment was support rather than a binding promise.

On the unfair dismissal issue, the tribunal found that the claimant's role was a unique post and that the requirements of the business for employees to carry out that work had diminished as a result of the Covid-19 downturn. It accepted that the claimant's tasks were reallocated within the existing accounts team, that there were no suitable alternative roles at the date of termination or appeal, and that the dismissal was by reason of redundancy. Although there had been no consultation at the initial stage, the respondent later acknowledged redundancy on appeal, paid statutory redundancy pay and an additional two weeks' pay, and the tribunal found no financial loss on which to make an award.

The discrimination claims failed. For direct discrimination under s13 EA 2010, the tribunal held that David Welch was not a proper comparator because he was a qualified accountant and materially different from the claimant. For s15 EA 2010, it found the dismissal was not because of anything arising in consequence of disability and that there was no requirement for the claimant to work in the office rather than at home. For ss20 and 21 EA 2010, the tribunal held that there was no general PCP requiring office working, so no substantial disadvantage arose. The tribunal also refused the claimant's expenses application, finding that although there had been delays and late submissions, the respondent's conduct did not amount to vexatious or otherwise unreasonable conduct justifying an award.