Claimant v Wesleyan Financial Services Limited

The tribunal found the investigation was fundamentally flawed: the investigator failed to investigate the claimant's explanation about mixing medication with alcohol, failed to consider the reliability of witnesses who had been drinking heavily, and wrongly concluded the claimant's apology (written without full knowledge of the allegations) amounted to an admission. The disciplinary and appeal officers relied on this inadequate investigation without proper scrutiny, rendering the dismissal procedurally unfair.

The tribunal found the claimant failed to prove he was a disabled person within the meaning of s.6 Equality Act 2010 at the material time (2 May to 25 July 2024). There was no evidence that his anxiety and depression had a substantial effect on his ability to carry out day-to-day activities during this period, and no evidence of what effect he would experience without medication.

The claim was dismissed because the claimant failed to establish he was a disabled person under the Equality Act 2010 at the material time. Without establishing disability status, no harassment related to disability could be found.

The claim was dismissed because the claimant failed to establish he was a disabled person under the Equality Act 2010 at the material time. The victimisation claim appears to have been brought in the context of disability discrimination and failed for the same definitional reason.