Member P Fallow Tribunal Member J McCullagh Mr de Vere v Represented by: Ms K Sharpe, Solicitor Hivemind Network Limited — 2023

The tribunal held that Mr de Vere was a disabled person under the Equality Act 2010 because of rheumatoid arthritis, but found that Hivemind Network Limited did not know, and could not reasonably have been expected to know, that he was disabled. It preferred the evidence of Mr Docherty, Mr Dickie and Mrs Walker on the disputed facts and accepted that the claimant's references to arthritis were limited and usually made in passing.

The section 13 direct disability discrimination claim failed because the claimant did not establish a prima facie case and, in any event, the tribunal found that the February 2024 dismissal was a decision to reduce the sales team from two Account Directors to one. The tribunal found that Mr Dickie was the decision-maker and that the reasons for selecting the claimant included the North Standard matter, prior staff complaints, and his response to business development, not disability.

The section 15 claim also failed. The tribunal held that the complaint about the May 2023 travel discussions was out of time, that there was no sufficient basis to extend time as just and equitable, and that the later disciplinary process and dismissal were not because of something arising in consequence of disability. The tribunal noted that the claimant was left to choose how to travel to the September 2023 meeting, and that the later complaint and verbal warning were not treated as disability-related.

The unlawful deduction from wages claim and the alternative breach of contract claim both turned on the commission provisions in the employment contract. Reading clauses 9, 10, 11, 61 and 70 together, the tribunal held that commission was payable during employment and once work had been approved and paid, but not after termination; it therefore found that no post-termination commission was due and that there were no unlawful deductions or breach of contract. The tribunal recorded that there were no financial losses and no injury to feelings award.