Cases→3309645/2022

Claimant v Lanes Group plc

16 January 2025Before Employment Judge QuillWatfordin person

Outcome

Partly successful£11,747

Individual claims

Direct Discrimination(race)failed

All complaints of direct race discrimination failed. The tribunal found that the factual allegations at issues 3.1.1, 3.1.2, 3.1.3, 3.1.4, and 3.1.5 were not established as acts of race discrimination.

Direct Discrimination(disability)failed

All complaints of direct disability discrimination failed. The tribunal found that the factual allegations at issues 3.1.3, 3.1.4, and 3.1.5 were not acts of direct discrimination because of disability.

Discrimination Arising from Disability (s.15)(disability)partly succeeded

Under section 15 Equality Act 2010 (discrimination arising from disability), the tribunal found that the dismissal on 4 July 2022 was unfavourable treatment arising from disability (issue 3.1.4) and succeeded. However, two other allegations of discrimination arising from disability (issues 3.1.3 and 3.1.5) failed.

Facts

The claimant, who had conceded disabilities of depression, PTSD, and low testosterone, was dismissed on 4 July 2022. He alleged that his dismissal and other treatment amounted to race discrimination and disability discrimination. The claimant also alleged he had Long Covid as a disability, which the tribunal rejected. An intermediary from Communicourt Ltd assisted the claimant at the hearing.

Decision

The tribunal found that the dismissal was discrimination arising from disability under section 15 of the Equality Act 2010, but rejected all claims of direct race discrimination, direct disability discrimination, and two other allegations of section 15 discrimination. The respondent was ordered to pay £11,746.56 including injury to feelings (£9,000), a 10% ACAS uplift, and interest.

Practical note

Dismissal can constitute discrimination arising from disability even where direct discrimination claims fail, and tribunals will apply ACAS uplifts to injury to feelings awards for procedural failures.

Award breakdown

Injury to feelings£9,000
Interest£1,847

Vento band: middle

Adjustments

ACAS uplift+10%

10% ACAS uplift applied to injury to feelings award for failure to follow ACAS procedures

Legal authorities cited

Statutes

Equality Act 2010 s.15

Case details

Case number
3309645/2022
Decision date
16 January 2025
Hearing type
full merits
Hearing days
4
Classification
contested

Respondent

Name
Lanes Group plc
Sector
other
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No
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