Claimant v First West Yorkshire Limited
Outcome
Individual claims
The tribunal found the dismissal was unfair. The judgment awards both a basic award and compensatory award, indicating the tribunal concluded the respondent failed to follow a fair procedure or acted unreasonably in treating the reason as sufficient to dismiss.
The tribunal was not satisfied that the claimant was treated less favourably because of his age. The evidence did not establish that age was the reason for the treatment complained of.
The tribunal found that the claimant was not subjected to direct disability discrimination. The evidence did not show that he was treated less favourably because of his disability compared to how others were or would have been treated.
The tribunal found the claimant was treated unfavourably because of something arising in consequence of his disability, and the respondent failed to show such treatment was a proportionate means of achieving a legitimate aim.
The tribunal concluded that the respondent applied a provision, criterion or practice that placed the claimant at a substantial disadvantage because of his disability, and the respondent failed to make reasonable adjustments to remove that disadvantage.
Facts
Mr Lennon was employed by First West Yorkshire Limited, a transport company, until his dismissal on 13 February 2024. He brought claims for unfair dismissal and disability and age discrimination. He was disabled and appears to have been dismissed in circumstances connected to his disability. The claimant represented himself at a four-day full merits hearing in Leeds before Employment Judge Shepherd and a panel.
Decision
The tribunal upheld the claims of unfair dismissal, discrimination arising from disability, and failure to make reasonable adjustments. The claims of direct age and disability discrimination were dismissed. The claimant was awarded a total of £29,347.20 comprising basic and compensatory awards for unfair dismissal and injury to feelings for the discrimination claims, plus interest.
Practical note
Employers must make reasonable adjustments and avoid unfavourable treatment arising from disability even where direct discrimination cannot be established, and failure to do so alongside unfair dismissal procedures can result in substantial combined awards.
Award breakdown
Vento band: lower
Case details
- Case number
- 6001890/2024
- Decision date
- 4 September 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- solicitor
Employment details
Claimant representation
- Represented
- No