Claimant v First MTR Southwestern Trains Limited
Outcome
Individual claims
The tribunal found that the dismissal was not unfair. The tribunal concluded that the respondent had conducted a fair process and had reasonable grounds for the dismissal, falling within the band of reasonable responses available to a reasonable employer.
Withdrawn by claimant during the hearing.
The claim relating to the claimant's ability to manage the disciplinary process was withdrawn by the claimant during the hearing.
The tribunal found that the respondent did not treat the claimant unfavourably because of something arising in consequence of his disability relating to his shift pattern. The tribunal was not satisfied that the treatment was because of the disability-related consequence.
The tribunal found that the respondent did not discriminate against the claimant in relation to the impact of his medication on his behaviour. The tribunal concluded either that the treatment was not because of this consequence of disability or that it was a proportionate means of achieving a legitimate aim.
Facts
Mr Buddry, who had a disability, was dismissed by First MTR Southwestern Trains Limited. He brought claims of unfair dismissal and disability discrimination. During the hearing, he withdrew his claims of direct discrimination and discrimination arising from his ability to manage the disciplinary process. His remaining claims related to discrimination arising from disability concerning his shift pattern and the impact of his medication on his behaviour.
Decision
The tribunal dismissed all claims. The unfair dismissal claim failed because the tribunal found the dismissal was fair and the process was reasonable. The remaining discrimination arising from disability claims failed because the tribunal was not satisfied that the treatment was because of the disability-related consequences, or if it was, it was justified as a proportionate means of achieving a legitimate aim.
Practical note
A self-represented claimant with disability-related claims against a major transport employer lost comprehensively after a five-day hearing, with the tribunal finding the employer's dismissal fair and its treatment not discriminatory or justified if it was.
Case details
- Case number
- 3312714/2023
- Decision date
- 25 July 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No