Outcome
Individual claims
The tribunal found the claim of unfair dismissal to be well founded and it succeeded. However, the claimant caused or contributed to the dismissal by blameworthy conduct, resulting in an 80% reduction to both basic and compensatory awards. The tribunal considered it just and equitable to make this significant reduction.
The tribunal found the claimant was disabled for the purposes of s.6 EqA 2010 at the material time. However, the claims of failure to comply with the duty to make reasonable adjustments under s.20/21 EqA 2010 were not well founded and were dismissed. The tribunal determined the respondent had complied with its duty or that the adjustments claimed were not reasonable in the circumstances.
The claims of discrimination arising from disability under s.15 EqA 2010 were not well founded and were dismissed. The tribunal found that either the treatment was not because of something arising from disability, or that the respondent's actions were a proportionate means of achieving a legitimate aim.
Facts
The claimant was employed by Trivallis Limited, a housing association. He was dismissed in circumstances that the tribunal found to be unfair. The claimant was a disabled person at the material time and brought claims of unfair dismissal, failure to make reasonable adjustments, and discrimination arising from disability. The tribunal found that while the dismissal was unfair, the claimant had contributed to it through blameworthy conduct.
Decision
The tribunal upheld the unfair dismissal claim but found the claimant 80% contributorily at fault. The disability discrimination claims failed, though the tribunal accepted the claimant was disabled. The parties subsequently agreed settlement terms on remedy by consent, with the hearing adjourned to allow implementation.
Practical note
A finding of unfair dismissal does not preclude a substantial contributory fault reduction where the employee's blameworthy conduct significantly contributed to the dismissal, even in a case involving a disabled claimant.
Adjustments
Claimant caused or contributed to the dismissal by blameworthy conduct
Legal authorities cited
Statutes
Case details
- Case number
- 6019955/2025
- Decision date
- 13 October 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- real estate
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister