Claimant v Hesley Group Limited

The tribunal found the claimant did not reasonably believe circumstances were harmful to health and safety. The claimant's latent TB was asymptomatic, he received no treatment, and Occupational Health assessed him fully fit for work. The alleged detriments (unsubstantiated allegations about monitors, repeated visa questions, offensive mug) were not established, and the respondent provided legitimate non-discriminatory explanations for its actions.

The tribunal found the claimant was not disabled within the meaning of section 6 of the Equality Act 2010. The latent TB was asymptomatic, required no treatment or medical supervision, and had no substantial adverse effect on day-to-day activities. The tribunal therefore had no jurisdiction to hear the reasonable adjustments claim.

The tribunal found no less favourable treatment. The claimant failed to establish appropriate comparators. There was no delay in processing his NVQ qualifications; he was not required to work with DR on 9 April after he complained; no threats were made regarding Home Office reporting; and all actions had legitimate, non-discriminatory explanations. The claimant did not establish a prima facie case of race discrimination.