Member J Clewlow Tribunal Member A Matheson Mr Robin Maxwell v Tesco Stores Ltd — 2023

The claimant, who was accepted to be disabled by reason of Autistic Spectrum Disorder, Dyspraxia and Anxiety, brought claims of direct disability discrimination, failure to make reasonable adjustments, harassment related to disability, and victimisation. The Tribunal dismissed the direct disability discrimination claim, finding that the claimant's union representative was not an appropriate comparator, that the respondent had not treated the claimant less favourably by agreeing arrangements with the representative, and that any difference in treatment was not because of disability.

The Tribunal upheld the reasonable adjustments claim. It found that the claimant was placed at a substantial disadvantage if required to attend wellness or long-term absence meetings without his Advocacy Support Worker, because her presence assisted him with stress, communication, and explaining the impact of his disabilities. Although the respondent had rearranged some meetings, it failed to take reasonable steps in relation to the meeting moved to 3 March 2023, a date it knew the Advocacy Support Worker could not attend.

The harassment allegations concerned events in 2021 and the victimisation allegation concerned events in 2020. The Tribunal found these claims were brought significantly outside the Equality Act time limits, did not form part of continuing conduct extending into 2023, and it was not just and equitable to extend time. It therefore dismissed those claims for want of jurisdiction. On remedy for the upheld reasonable adjustments claim, the Tribunal found no financial loss but awarded £5,000 for injury to feelings, within the lower Vento band.