Claimant v Royal Mail Group Limited
Outcome
Individual claims
The tribunal found that the unfavourable treatment (threats to cancel overtime and comments about needing to be ready for any job) were not caused by the claimant's inability to do bag tipping duties, which was the 'something arising from disability' relied upon. Instead, the treatment was caused by the claimant's refusal to work on the wing of the Caljan machine. The claim failed at the causation stage as the pleaded 'something arising' did not cause the unfavourable treatment.
The claimant withdrew his race discrimination complaint at a preliminary hearing before Employment Judge Cox on 15 February 2024, and it was dismissed.
The claimant withdrew his religion or belief discrimination complaint at a preliminary hearing before Employment Judge Cox on 15 February 2024, and it was dismissed.
Facts
The claimant, a part-time postal processor with chronic back pain, was working overtime on 1 June 2023 in the oversize sorting area. After complaining of a headache and refusing to work on the wing of the Caljan machine, he was threatened with cancellation of his overtime by Mr Lloyd. He was ultimately moved to bag tipping duties where he completed his shift. Mr Joshi told him he must be ready to do any job when working overtime. The claimant alleged these were acts of discrimination arising from his inability to do bag tipping duties.
Decision
The tribunal found that while the comments by Mr Lloyd and Mr Joshi constituted unfavourable treatment, they were not caused by the claimant's inability to do bag tipping (the pleaded 'something arising from disability'). Instead, they were caused by the claimant's refusal to work on the Caljan machine wing. The claim failed at the causation stage. Even if established, the tribunal found the respondent's actions would have been proportionate given the need to maintain service obligations and the limited discriminatory effect.
Practical note
In section 15 claims, tribunals are bound by the specific 'something arising from disability' pleaded at case management — even where there is an obvious causal link between the treatment and disability via a different route, the claim will fail if causation is not established for the pleaded 'something arising'.
Legal authorities cited
Statutes
Case details
- Case number
- 1805096/2023
- Decision date
- 12 July 2024
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Postal Processor
- Service
- 2 years
Claimant representation
- Represented
- No