Claimant v Set Produce Limited
Outcome
Individual claims
The tribunal found that in September 2023 the claimant was disabled under section 6 Equality Act 2010 by reason of a physical impairment of his right ankle. The respondent ought reasonably to have known this. In dismissing the claimant, the respondent treated him unfavourably because of something arising in consequence of his disability, thereby contravening section 15 Equality Act 2010.
Facts
The claimant had a physical impairment of his right ankle which constituted a disability under the Equality Act 2010 as of September 2023. The respondent, Set Produce Limited, dismissed the claimant in September 2023. The tribunal found that the respondent ought reasonably to have known about the claimant's disability and that the dismissal was unfavourable treatment because of something arising in consequence of that disability.
Decision
The tribunal found the claimant was disabled and that the respondent ought reasonably to have known this. The dismissal constituted unfavourable treatment because of something arising from the disability, contravening section 15 Equality Act 2010. The claimant was awarded £10,265 in total, comprising £4,000 for injury to feelings, £5,542.68 for financial losses, and interest totalling £722.32.
Practical note
Employers must be aware of employees' disabilities and cannot dismiss them for reasons arising from those disabilities without justification, even when the employee is unrepresented.
Award breakdown
Vento band: lower
Legal authorities cited
Statutes
Case details
- Case number
- 2411900/2023
- Decision date
- 21 January 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- agriculture
- Represented
- No
- Rep type
- in house
Claimant representation
- Represented
- No