Cases1305264/2021

Claimant v GXO Logistics UK Limited

17 January 2025Before Employment Judge MaxwellBirminghamin person

Outcome

Claimant fails

Individual claims

Direct Discrimination(disability)failed

The tribunal found that the claimant was not a disabled person at material times. Without establishing disability status, the direct disability discrimination claim could not succeed.

Direct Discrimination(race)failed

The tribunal found the claim of direct race or religious discrimination was not well-founded after hearing evidence over seven days. The claimant failed to establish less favourable treatment because of race or religion.

Direct Discrimination(religion)failed

The tribunal found the claim of direct race or religious discrimination was not well-founded after hearing evidence over seven days. The claimant failed to establish less favourable treatment because of race or religion.

Harassment(disability)failed

The tribunal found the harassment related to disability claim was not well-founded. This claim failed because the claimant was not found to be a disabled person at material times.

Harassment(race)failed

The tribunal found the harassment related to race or religion claim was not well-founded after considering all the evidence presented during the seven-day hearing.

Harassment(religion)failed

The tribunal found the harassment related to race or religion claim was not well-founded after considering all the evidence presented during the seven-day hearing.

Breach of Contractfailed

The tribunal determined that the claimant's breach of contract claim was not well-founded after hearing all evidence and submissions from the parties.

Failure to Make Reasonable Adjustments(disability)failed

The tribunal found the reasonable adjustments claim was not well-founded. This claim failed because the threshold requirement of disability status was not established.

Facts

Mr Ullah, a self-represented claimant who required a Pashto interpreter, brought multiple discrimination claims against GXO Logistics UK Ltd and IF Trade Co Ltd (in administration). The claims centered on allegations of disability, race, and religious discrimination, harassment, breach of contract, and failure to make reasonable adjustments. The second respondent did not attend the seven-day hearing. The tribunal heard evidence and submissions over seven days in January 2025.

Decision

The tribunal dismissed all of the claimant's claims. The tribunal found as a threshold matter that the claimant was not a disabled person at material times, which defeated the disability-related claims. The tribunal also found the race and religious discrimination and harassment claims were not well-founded, and the breach of contract claim failed.

Practical note

Establishing disability status is a threshold requirement for disability discrimination claims; without proving disability, claims for direct disability discrimination, disability harassment, and reasonable adjustments cannot succeed.

Legal authorities cited

Statutes

Equality Act 2010

Case details

Case number
1305264/2021
Decision date
17 January 2025
Hearing type
full merits
Hearing days
7
Classification
contested

Respondent

Sector
logistics
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No