Claimant v Wincanton Group Limited

The tribunal found that the claimant failed to establish a prima facie case of direct disability discrimination. The reason for dismissal was his poor attendance record (caused by his disability), not the disability itself. Team leaders had shown empathy and engaged with the claimant regularly, inconsistent with discriminatory treatment because of his disability.

The respondent failed to show dismissal was a proportionate means of achieving a legitimate aim. The tribunal found that obvious alternative adjustments (changing role away from voice picking) were unexplored despite the respondent's own diversity policy requiring such exploration. The respondent failed to refer the claimant to occupational health or conduct a risk assessment. Dismissal was premature.

The tribunal found a PCP (minimum attendance requirement during probation) placed the claimant at a substantial disadvantage. Reasonable adjustments (changing role to avoid voice picking headset that triggered anxiety) were obvious and unexplored. The respondent failed to apply its own diversity policy. Had occupational health been consulted or risk assessment conducted, such adjustments would likely have been identified and implemented.