Claimant v The Venture (Wrexham) Limited

Claimant excluded from public events (29 July, 31 Oct, 4 Nov, 21 Dec 2023) due to background music which caused him sensory distress arising from autism. Tribunal found unfavourable treatment but held respondent's aim of maximising engagement at festive events was legitimate and proportionate. Claimant succeeded on the second claim: removal from open access role on 16 Feb 2024 was unfavourable treatment arising from disability and not justified. Respondent failed to obtain medical evidence or conduct proper Occupational Health assessment before dismissal.

Three separate reasonable adjustment claims: (1) Continuous music at public events: tribunal held respondent did not fail to take reasonable steps as events were inherently musical/festive and it was not feasible to significantly reduce music. (2) Bright light in staff kitchen (2 Dec 2023): tribunal found respondent failed to provide lamp or softer lighting as promised. This claim succeeded. (3) Radio/music/power tools during open access shifts: tribunal found respondent had largely complied on over 100+ shifts, with only isolated failures in July/Aug 2023 which were promptly addressed. Claimant had himself noted in Oct 2023 email that adjustments had been put in place and he was grateful. No failure found.

Claimant alleged 13 acts of unwanted conduct related to disability. Tribunal found three succeeded: (1) Comments by Chief Officer Malcolm King on 9 Nov 2023 describing reasonable adjustments as 'a pain in the arse' and asking why claimant could not be 'ordinary and perfect like the rest of us' and calling claimant a 'weirdo' — though intended as light-hearted, objectively had effect of violating dignity. (2) MK comparing claimant's mental health impact on ability to work to someone after 'a good booze up' on 9 Feb 2024 — trivialised claimant's condition. (3) MK on 9 Feb 2024 blaming claimant for failure to enforce reasonable adjustments, stating working open access 'makes you feel like killing yourself' — placed onus on claimant rather than respondent's duty. All other harassment allegations failed — tribunal found isolated incidents by line manager Linda Platt (playing music on phone, holding reflective practice in bright kitchen) were inadvertent, not frequent, and did not objectively violate dignity.

Three allegations of harassment related to sexual orientation were pleaded (comments by LP on 8 Aug, 22 Aug, 24 Aug 2023 about religion/sexuality being a choice, about 'kegging' and implying children might be gay, and about a gay child being bullied because he was 'out and proud'). Judgment does not record tribunal findings on these allegations — they may have been withdrawn or not pursued at hearing.

Claimant raised formal grievance on 12 Dec 2023 alleging discrimination — this was a protected act. Shortly after (15 Dec 2023 onwards), Chief Officer decided claimant should not work open access shifts and ultimately removed him from that role on 16 Feb 2024, ceasing payment from 8 Jan 2024. Tribunal found timing and lack of medical investigation meant burden of proof shifted to respondent. Respondent failed to show non-discriminatory reason. Tribunal satisfied that grievance materially influenced the decision to dismiss claimant from open access role. Victimisation claim succeeded.

Claimant was ready, willing and able to work open access shifts from 8 Jan 2024 but was prevented by respondent's decision. He was formally and permanently engaged in the role from Feb 2023. Respondent made unauthorised deductions from wages for period 8 Jan to 16 Feb 2024 (6 weeks x 15 hours/week x £10.50/hr = £945 gross).