Claimant v Chassis Cab Limited
Outcome
Individual claims
Withdrawn by claimant as he had less than two years' service at the date of dismissal.
The tribunal found that the claimant's sickness absences (the 'something' leading to dismissal) did not arise in consequence of his disability of anxiety and depression. The tribunal noted only 2 of 36 absences were expressly attributed to mental health, and medical records showed no reference to anxiety/depression after July 2022. The claimant's late assertion that some absences were wrongly attributed was unsupported by evidence and inconsistent with his contemporaneous statements.
Facts
The claimant was employed as an apprentice parts advisor on a two-year fixed-term contract from September 2021. He had 36 recorded absences, including 8 in 2023. The respondent accepted he was disabled by reason of anxiety and depression. The claimant had opened up about mental health struggles in May 2022 (including suicidal thoughts) and received some support from the employer. However, only 2 absences were expressly attributed to mental health issues. He was dismissed in August 2023 for unacceptable sickness absence.
Decision
The tribunal dismissed the claim of discrimination arising from disability. It found that the claimant had not established that his sickness absences arose in consequence of his disability. The tribunal gave weight to contemporaneous records showing absences attributed to physical ailments, lack of medical evidence of ongoing anxiety/depression after July 2022, and the claimant's inconsistent late assertion that he had hidden the true reasons for his absences.
Practical note
To succeed in a s.15 Equality Act claim, a claimant must provide robust evidence that the 'something' (here, absences) arose in consequence of disability; late, unsupported assertions contradicting contemporaneous records will not suffice.
Legal authorities cited
Statutes
Case details
- Case number
- 3313416/2023
- Decision date
- 13 January 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Apprentice Parts Advisor
- Service
- 2 years
Claimant representation
- Represented
- No