Cases2200523/2024

Claimant v Veritas Asset Management LLP

18 July 2025Before Employment Judge WebsterLondon Centralin person

Outcome

Claimant fails

Individual claims

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

Tribunal found the Claimant did not establish that unfavourable treatment was because of something arising in consequence of disability. The bonus reduction was caused by the Claimant not performing significant work in 2022, not by the disability itself. Pay reduction was because of the need to trigger income protection insurance, not disability. Deletion of the role arose from the PEX report findings and was not caused by disability or disability-related absence.

Failure to Make Reasonable Adjustments(disability)failed

Tribunal found the Claimant was not placed at substantial disadvantage by the selection process. He performed well in interviews without requesting breaks or indicating struggle. OH report confirmed he was fit to work and could concentrate for 60-90 minutes. The selection interviews were not the sole assessment — his past performance was considered. The adjustments sought (being automatically assigned the role, trial period) were not reasonable for a specialist, regulated, high-level role requiring extensive risk experience the Claimant lacked.

Victimisationfailed

Tribunal found the Claimant's letter of 10 January 2023 was not a protected act: it did not allege breach of the Equality Act, just disappointment at bonus reduction. The 21 March 2023 meeting was accepted as a protected act. However, the Tribunal found no detriment was caused by protected acts. The reorganisation and role deletion predated or were independent of the protected acts. The Respondent genuinely wanted the Claimant to return but not to the specialist risk role, which was a genuine business decision.

Facts

The Claimant, a partner (not employee) at a global asset management firm, contracted Long Covid in October 2021 and was off sick with severe symptoms for an extended period. In late 2022 he was awarded a much reduced bonus (£10,000, later increased to £40,000) due to minimal work performed. In early 2023, his Head of Performance and Risk role was deleted following a restructure driven by an external review (PEX report) and the need to support his team. He was assessed for a new specialist risk role via interviews but not selected due to insufficient risk expertise. The Respondent offered alternative temporary roles which the Claimant refused. His partnership was terminated in September 2023.

Decision

The Tribunal dismissed all claims. The unfavourable treatment (bonus reduction, role deletion, non-selection for new role) was not because of something arising from disability but from legitimate business reasons (lack of work output, PEX report findings, lack of risk expertise). The Claimant was not placed at substantial disadvantage by the selection process — he performed well in interviews and OH confirmed fitness to work. Adjustments sought (automatic appointment, trial period) were unreasonable for a specialist regulated role. The January 2023 letter was not a protected act and no victimisation was established.

Practical note

Long Covid disability does not require automatic transfer to a new specialist role where the claimant lacks necessary skills, even for a long-serving employee; reasonable adjustments must address disability-related disadvantage, not compensate for lack of experience or skills unrelated to disability.

Legal authorities cited

Hewage v Grampian Health Board 2012 ICR 1054Land Registry v Houghton UKEAT/0149/14Archibald v Fife Council [2004] ICR 95Tarbuck v Sainsbury's Supermarkets [2006] IRLR 664Environment Agency v Rowan [2008] ICR 218Barton v Investec Henderson Crosthwaite Securities Ltd 2003 ICR 1205Pnaiser v NHS England [2016] IRLR 170Igen Ltd v Wong 2005 ICR 931Madarassy v Nomura International plc 2007 ICR 867

Statutes

Equality Act 2010 s.15Equality Act 2010 Schedule 8Equality Act 2010 s.123Equality Act 2010 s.27Equality Act 2010 s.21Equality Act 2010 s.20

Case details

Case number
2200523/2024
Decision date
18 July 2025
Hearing type
full merits
Hearing days
8
Classification
contested

Respondent

Sector
financial services
Represented
Yes
Rep type
barrister

Employment details

Role
Head of Performance and Risk
Service
13 years

Claimant representation

Represented
Yes
Rep type
barrister