Cases1400684/2024

Claimant v Apple Retail UK Ltd

8 August 2025Before Employment Judge Adrian HogarthSouthamptonin person

Outcome

Claimant fails

Individual claims

Unfair Dismissalfailed

The tribunal found the claim for unfair dismissal was not well-founded and dismissed it. The tribunal determined that the dismissal was fair and within the band of reasonable responses available to the employer.

Discrimination Arising from Disability (s.15)(disability)failed

The tribunal found the claim for discrimination arising from disability was not well-founded and dismissed it. While the claimant was disabled due to ADHD, the tribunal concluded that the treatment complained of did not amount to unlawful discrimination arising from disability.

Failure to Make Reasonable Adjustments(disability)failed

The tribunal found the claim for failure to make reasonable adjustments was not well-founded and dismissed it. Despite finding the claimant was disabled by ADHD, the tribunal determined that the respondent had not failed in its duty to make reasonable adjustments.

Harassment(disability)failed

The tribunal found the claim for harassment on the ground of disability was not well-founded and dismissed it. The tribunal determined that the conduct complained of did not constitute harassment related to the claimant's disability.

Facts

Mr Ellis brought claims against Apple Retail UK Ltd for unfair dismissal and disability discrimination. The tribunal heard evidence over four days. A preliminary issue was whether the claimant was disabled within the meaning of the Equality Act 2010. The claimant alleged he was disabled due to ADHD and depression/anxiety.

Decision

The tribunal found that the claimant was disabled due to ADHD but not due to depression and/or anxiety. All claims were dismissed as not well-founded. The unfair dismissal claim failed, and the discrimination claims (discrimination arising from disability, failure to make reasonable adjustments, and harassment) were all unsuccessful.

Practical note

A tribunal may find an employee disabled for one condition but not others, and even where disability is established, discrimination and unfair dismissal claims can still fail on their merits if the employer's actions were justified and reasonable.

Legal authorities cited

Statutes

Equality Act 2010 s.6

Case details

Case number
1400684/2024
Decision date
8 August 2025
Hearing type
full merits
Hearing days
4
Classification
contested

Respondent

Sector
retail
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
barrister