Claimant v AKP Scotland Ltd
Outcome
Individual claims
The tribunal found the respondent had no actual or constructive knowledge of the claimant's disability (cancer diagnosis). The claimant could not show he was treated less favourably than a hypothetical comparator who made the same quantity and type of errors. The reason for dismissal was performance-related errors, not disability. The claim was dismissed.
Withdrawn by claimant during hearing. Claim dismissed.
Withdrawn by claimant during hearing. Claim dismissed.
The tribunal found the alleged unwanted conduct (not giving notice of dismissal, removing laptop and keys, requiring claimant to pack in front of colleagues) could not be related to disability because the respondent did not know and could not reasonably have known of the disability at the time. Claim dismissed.
Facts
Claimant was employed as a Senior Estimator from October 2023 to October 2024. He had previously been diagnosed with bowel cancer in 2022, underwent treatment, and was given the all-clear in April 2023. He did not disclose this to the respondent at interview or during employment. The respondent dismissed him for performance reasons, specifically ongoing errors and lack of attention to detail in his estimating work. The claimant experienced a recurrence of cancer in late 2024 (diagnosed 1 November) and brought claims of disability discrimination. The claimant passed away during the proceedings.
Decision
The tribunal dismissed all claims. It found the respondent had no actual or constructive knowledge of the claimant's disability at the time of dismissal. The claimant had referred only to a 'cancer scare' to his manager, and his GP visits in September 2024 were not sufficiently specific to impute knowledge of disability. The tribunal found the dismissal was motivated by genuine performance concerns, not disability.
Practical note
Employers cannot be liable for disability discrimination if they do not know, and could not reasonably be expected to know, of the employee's disability—vague references to health issues or 'cancer scares' without detail are insufficient to establish constructive knowledge.
Legal authorities cited
Statutes
Case details
- Case number
- 8000215/2025
- Decision date
- 5 June 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Name
- AKP Scotland Ltd
- Sector
- construction
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Senior Estimator
- Service
- 1 years
Claimant representation
- Represented
- Yes
- Rep type
- solicitor