Claimant v Cityroad Limited (in Creditors Voluntary Liquidation)
Outcome
Individual claims
The tribunal found that the claimant was excluded from meetings and had his responsibilities reduced because the respondent believed he had resigned on 23 June 2023, not because of the GP note related to his disability. The unfavourable treatment was not because of something arising from his disability.
The tribunal found that requiring the claimant to undertake the full range of duties as a recruitment consultant did not place him at a substantial disadvantage compared to someone without his disability. The difficulties he experienced were due to the unstructured nature of the respondent's business, not the application of the PCP. The claimant was an experienced recruitment consultant capable of doing the full range of duties.
The tribunal found that a comment made by Mr Brewster in late July 2023 saying 'no one likes you; no one respects you, you're crazy' was unwanted conduct related to disability (the words 'you're crazy' referenced the claimant's mental health). It had the effect of creating a degrading, humiliating and offensive environment for the claimant. The other two harassment allegations (exclusion from meetings) failed as they were not related to disability.
Facts
The claimant, who has bipolar disorder, worked as a recruitment consultant for the respondent from May to September 2023. He disclosed his disability at interview. In June 2023 he provided a GP note about his mental health. On 23 June 2023 the respondent believed the claimant had resigned and excluded him from meetings and reduced his responsibilities, though he continued working until September. In late July 2023, the owner Mr Brewster said to the claimant 'no one likes you; no one respects you, you're crazy'. The respondent went into liquidation and did not defend the claim.
Decision
The tribunal found the claimant was disabled by reason of bipolar disorder. The discrimination arising from disability and reasonable adjustments claims failed because the exclusion from meetings was due to the respondent's belief the claimant had resigned, not his disability, and the PCP did not place him at substantial disadvantage. The harassment claim succeeded in relation to the 'you're crazy' comment, which related to disability and created a degrading environment. The tribunal awarded £2,000 for injury to feelings at the lower end of the lower Vento band.
Practical note
A one-off offensive comment referencing mental health ('you're crazy') can constitute disability harassment even where other allegations fail, but will attract a modest award at the lower end of the Vento scale if it is an isolated incident with limited ongoing impact.
Award breakdown
Vento band: lower
Award equivalent: 2.1 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 1807734/2023
- Decision date
- 27 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
Employment details
- Role
- Recruitment Consultant
- Salary band
- £50,000–£60,000
- Service
- 4 months
Claimant representation
- Represented
- No