Claimant v Kingdom Support and Care CIC

The tribunal found that the claimant failed to provide adequate evidence to establish he was a disabled person at the material time. His evidence was limited to stating he took medication for a liver condition that made him sleepy, which was wholly inadequate to demonstrate he had the protected characteristic of disability under s.6 EqA 2010.

The tribunal found the respondent did not know and could not reasonably have been expected to know that the claimant was disabled. The claimant did not mention any condition during recruitment or employment until the very end of the disciplinary hearing when he mentioned in passing that he took medication for a liver condition. Even if disabled, the dismissal was unrelated to any disability - it was due to gross misconduct including sleeping on shift, lack of engagement, and taking a client's remote control without permission.

The tribunal found the allegations that Ms Millar instructed colleagues to make reports against the claimant were wholly without foundation and made without any supporting evidence. The allegation that Lynn Russell refused the claimant access to a client's house was based on pure conjecture - the client and colleague were simply out at the time. Regarding dismissal, the claimant led no evidence to suggest race was a factor. The tribunal found his dismissal was due to established gross misconduct, not his race.

The tribunal found, on the balance of probabilities, that Mr Farmer did not make the alleged comments about foreign students taking jobs and the government having to go. The claimant conceded he had nothing against Mr Farmer and only raised the allegation after learning Mr Farmer had been critical of him. Even if such comments were made, there was no evidence they created an intimidating or hostile environment for the claimant.