Claimant v Cleartech Communications Limited
Outcome
Individual claims
The tribunal found that the claimant was subjected to unfavourable treatment because of something arising in consequence of his disability. The respondent failed to show that the treatment was a proportionate means of achieving a legitimate aim.
The tribunal was not satisfied that the claimant was treated less favourably than a hypothetical comparator without the disability would have been treated in the same circumstances. The evidence did not support a finding of direct discrimination.
The tribunal found that the respondent had not applied a provision, criterion or practice that put the claimant at a substantial disadvantage, or that the respondent had made sufficient adjustments. The claimant failed to establish this claim.
Facts
Mr Akhtar brought claims of disability discrimination against his employer Cleartech Communications Limited. The claimant represented himself at a two-day full merits hearing before a full tribunal panel. The respondent was represented by counsel, Mr Todd. The claims included direct disability discrimination, discrimination arising from disability, and failure to make reasonable adjustments.
Decision
The tribunal upheld the claim of discrimination arising from disability, finding that the claimant suffered unfavourable treatment because of something arising from his disability which the respondent could not justify. However, the claims of direct disability discrimination and failure to make reasonable adjustments were rejected. The claimant was awarded £5,000 for injury to feelings plus interest of £608.
Practical note
Succeeding on a claim of discrimination arising from disability under s.15 EqA 2010 requires showing unfavourable treatment linked to disability and that the respondent cannot objectively justify that treatment, which is distinct from the comparator-based test for direct discrimination.
Award breakdown
Vento band: lower
Legal authorities cited
Statutes
Case details
- Case number
- 6003271/2024
- Decision date
- 14 August 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- telecoms
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No