Case 6008750/2024 · Employment Tribunal
Mr N Fortes v Desira Group plc — 2025
- Case reference
- 6008750/2024
- Decision date
- 25 September 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Gordon Walker
- Venue
- Norwich
Parties
2 namedClaimant
Mr N Fortes
Respondent
Key findings
Tribunal's reasoningEmployment Judge Gordon Walker, sitting alone at Norwich on 22, 23 and 25 September 2025, determined disability discrimination and constructive unfair dismissal claims brought by Mr N Fortes against Desira Group PLC. The tribunal held that the section 39(5) and sections 20-21 Equality Act 2010 claim alleging a failure to make reasonable adjustments to the Bradford factor scale was well founded and succeeded. It also found that this claim had been presented within the time limit under section 123(1)(b) Equality Act 2010, taking account of section 123(4)(a).
Claims and outcomes
4 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Failure to make reasonable adjustments to the Bradford factor scale under sections 20-21 and section 39(5) Equality Act 2010. The tribunal also found the claim was presented in time under section 123(1)(b), having regard to section 123(4)(a) Equality Act 2010. | Upheld | Disability | — |
| Disability discrimination | Failure to make reasonable adjustments to working days under sections 20-21 and section 39(5) Equality Act 2010. | Dismissed | Disability | — |
| Disability discrimination | Discrimination arising from disability under section 15 and section 39(2) Equality Act 2010. | Dismissed | Disability | — |
| Constructive dismissal | Section 94 Employment Rights Act 1996 claim of constructive unfair dismissal, with constructive dismissal defined at section 95(1)(c) Employment Rights Act 1996. | Dismissed | — | — |
Legal tests applied
8 references- s.20-21 Equality Act 2010
- s.39(5) Equality Act 2010
- s.39(2) Equality Act 2010
- s.15 Equality Act 2010
- s.94 Employment Rights Act 1996
- s.95(1)(c) Employment Rights Act 1996
- s.123(1)(b) Equality Act 2010
- s.123(4)(a) Equality Act 2010
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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