Claimant v TLM Environmental Ltd (in Voluntary Liquidation)
Outcome
Individual claims
The tribunal found that the claimant was a disabled person due to sleep apnoea at the relevant times. The complaint of unfavourable treatment because of something arising in consequence of disability succeeded, meaning the respondent treated the claimant unfavorably because of something connected to his sleep apnoea and failed to justify this treatment.
Facts
Mr Bootle was employed by TLM Environmental Ltd and suffered from sleep apnoea, which qualified as a disability. The respondent subjected him to unfavourable treatment connected to this disability. The company entered voluntary liquidation and did not attend the tribunal hearing. The tribunal heard evidence from the claimant over two days.
Decision
The tribunal found that the claimant was disabled due to sleep apnoea and that he had been subjected to unlawful discrimination arising from disability. The respondent failed to justify the unfavourable treatment. The tribunal awarded compensation totaling over £36,000 including injury to feelings, financial losses, pension loss, and interest.
Practical note
Employers must not subject employees to unfavourable treatment because of something arising from their disability unless they can objectively justify it, and failure to do so will result in significant compensation even when the employer is in liquidation.
Award breakdown
Vento band: lower
Legal authorities cited
Statutes
Case details
- Case number
- 3201068/2024
- Decision date
- 13 August 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No