E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4112604/2018 Held in Glasgow on October 2018 Employment Judge: W A Meiklejohn Mr Steven McCullagh v Represented by: Mr G Fletcher - Solicitor Analog Republic Limited — 2018

The final hearing took place on 4 October 2018. The respondent had not lodged an ET3 response form and did not attend. The claimant gave evidence and adopted his witness statement and disability impact statement. The tribunal found him to be a credible witness and accepted that he was disabled within the meaning of section 6(1) of the Equality Act 2010 because of mental impairments, namely depression and adjustment disorder, which had a substantial and long-term adverse effect on normal day to day activities.

On disability discrimination, the tribunal upheld the claim under section 15 Equality Act 2010 because there was no evidence from the respondent that the unfavourable treatment complained of was a proportionate means of achieving a legitimate aim. It also found that the work requirements imposed by the respondent were a provision, criterion or practice that placed disabled persons at a substantial disadvantage, triggering the duty to make reasonable adjustments under section 20(3) Equality Act 2010. The tribunal found that duty was not complied with because no adjustments were made, so the claimant succeeded under section 21(2) Equality Act 2010.

The tribunal also upheld the unfair dismissal claim. It held that, under section 98(1) of the Employment Rights Act 1996, it was for the respondent to show a potentially fair reason for dismissal, and that it had not done so.

The tribunal did not determine compensation at that hearing. It said it did not have sufficient information to deal with remedy, and that further medical evidence would be needed to support the GP letter of 10 September 2018, to assess when the claimant might be fit for work, and to assess injury to feelings. A hearing on remedy was to be fixed, and the claimant was to provide a revised schedule of loss giving credit for Employment and Support Allowance received.