Claimant v The Forward Trust

This is a list of issues document from a preliminary hearing. The tribunal has not yet heard evidence or made findings on whether the claimant's dismissal was automatically unfair under s.103A ERA (whistleblowing). The tribunal is attempting to narrow the issues and strike out vague or out-of-time claims before the full merits hearing.

An 'ordinary' unfair dismissal claim is also pleaded in case the automatic unfair dismissal claims fail. The respondent asserts the reason was conduct. No findings have been made as this is a preliminary hearing to identify issues.

The claimant claims wrongful dismissal (breach of contract) asserting he was entitled to three months' notice. The respondent will argue gross misconduct. No findings have been made as this is a case management hearing.

The claimant alleges multiple detriments for making protected disclosures under s.47B ERA. The tribunal has struck out some allegations as vague or out of time. No findings have been made on the remaining allegations as this is a preliminary hearing.

The claimant alleges direct disability discrimination under s.13 EqA. The respondent concedes the claimant was disabled by virtue of HIV, narcolepsy and/or depression, but disputes the timing and extent of knowledge. Multiple allegations of less favourable treatment are set out. No findings have been made as this is a case management hearing.

The claimant alleges s.15 EqA discrimination arising from disability, claiming unfavourable treatment because of things arising from his disability (e.g. breakdown, inability to phone in sick). The respondent pleads legitimate aims and proportionality as defences. No findings have been made as this is a preliminary hearing.

The claimant alleges the respondent failed to make reasonable adjustments under ss.20-21 EqA, including failing to hold return-to-work meetings, allowing recording of meetings, and referring to occupational health. No findings have been made as this is a case management hearing.

The claimant alleges disability-related harassment under s.26 EqA, including accusations of unauthorised absence, timing of emails, creating fraudulent documents, and dismissive comments about his disabilities. Many allegations have been struck out as out of time or vague. No findings have been made on the remaining allegations.

The claimant alleges victimisation under s.27 EqA for doing protected acts (raising discrimination complaints). Multiple alleged detriments are listed. The tribunal notes some allegations may be out of time. No findings have been made as this is a preliminary hearing.

The claimant alleges breach of WTR 1998 reg 30(1)(a), claiming he was denied daily rest periods and weekly rest periods during September 2019. He also alleges detriment under s.45A ERA for asserting these rights. No findings have been made as this is a case management hearing.

The claimant alleges unauthorised deductions from wages under s.13 ERA, claiming he should have been paid for 12-15 June 2020 as he did not receive the dismissal letter until 15 June. No findings have been made as this is a case management hearing.