Member A Grant Tribunal Member T Jones Mr B Gassama v Kingdom Support and Care CIC — 2024

The claimant worked for Kingdom Support and Care CIC as a bank support worker on three occasions in July 2024 and was paid £12 per hour. After reports from colleagues and an informal complaint from a service user’s family member about the claimant appearing asleep, being disengaged, and taking a service user’s remote control and drink without permission, the respondent commenced disciplinary proceedings and Ms Millar dismissed him summarily for gross misconduct on 23 July 2024.

The Tribunal found the claimant to be an unsatisfactory witness and accepted the respondent’s witnesses as credible and reliable. On disability, it found that the claimant had given very little evidence to show that he was disabled within the meaning of section 6 Equality Act 2010 at the material time. It also found that he had not told the respondent about any relevant condition during recruitment or at the start of employment, and that the first mention of liver medication and dizziness came only at the disciplinary hearing, so the respondent did not know and could not reasonably have known of any disability.

On discrimination arising from disability, the Tribunal held that dismissal was because the respondent was not satisfied that the claimant was a suitable employee and because of the conduct allegations found proved, not because of any disability-related matter. It found no evidence that the dismissal had anything to do with seizures, liver cirrhosis, severe headaches, dizzy spells, or appearing asleep in consequence of disability. The claimant’s suggestion that staff had conspired against him was rejected as incredible.

On race discrimination, the Tribunal rejected the allegations that Ms Millar instructed others to make complaints because of race, that Lynn Russell denied him entry to the service user’s house because of race, and that dismissal was racially motivated. It found that the claimant had not proved any less favourable treatment by reason of race, whether by reference to a hypothetical comparator or otherwise. On harassment, it found that Robert Farmer did not say what was alleged, and in any event there was no evidence that any remark about jobs and black people created an intimidating, hostile, degrading, humiliating or offensive environment. All claims were dismissed in their entirety.