Member Macfarlane Tribunal Member Lithgow Mr R Paterson v Amazon UK Services Limited — 2024

The Tribunal found that the claimant was disabled throughout his employment by reason of anxiety, social anxiety and bipolar disorder. It found that the respondent first had actual knowledge of anxiety and bipolar disorder when the claimant submitted his grievance on 21 March 2023, and first had knowledge of social anxiety when it received the occupational health report on 7 June 2023.

The direct discrimination complaint failed because the Tribunal accepted that contact with the claimant was limited or delayed because of his own requests, sickness absence and process steps, not because of disability. The discrimination arising from disability complaints failed because the relevant decisions pre-dated the respondent's actual or constructive knowledge of the claimant's disabilities. Most reasonable adjustment complaints failed because the relevant PCP was not established, the claimant was not placed at the asserted disadvantage, or the respondent lacked the required knowledge.

One reasonable adjustments complaint succeeded. The respondent had a PCP of requiring employees to attend occupational health at stipulated times, knew the claimant was disabled and knew he had requested afternoon appointments because medication affected him in the mornings. The Tribunal found it would have been reasonable and practicable to request an afternoon occupational health appointment, and awarded injury to feelings at the lower end of the lower Vento band plus interest.

The harassment complaints were dismissed because the Tribunal found that several allegations were not established and, where conduct had occurred and was unwanted from the claimant's perspective, the claimant had not shown evidence from which the Tribunal could conclude or infer that it was related to disability. The constructive unfair dismissal complaint was dismissed because the alleged final straw was not established and the Tribunal found no repudiatory breach of the implied duty of trust and confidence, individually or cumulatively.