J HILAIRE V LUTON BOROUGH COUNCIL EAT331275/2018
For the full judgment click HERE
 

The Claimant was employed by Luton Borough Council and suffered from depression and arthritis amounting to a disability.

During a department restructuring, the Claimant was required to apply and be interviewed for a role within the new structure. Reasonable adjustments were made to enable him to participate in the interview process, such as allowing him extra time to apply.

The Claimant did not attend for interview when required and supplied a sick note from his GP. Despite enquiries from the Respondent, he did not reply to the question of when he would be able to attend the interview. This delayed the Respondent’s ability to reach a conclusion on the thirteen other candidates for the role.

The Respondent set a deadline for attending interview which the Claimant did not meet and he was made redundant. The EAT dismissed his claim that the Respondent had failed to make reasonable adjustments as he was not placed at a substantial disadvantage by the PCP. He was also found to have voluntarily chosen not to attend the interview. The Claimant was found to have stated in an email that even if he had not been off sick he still would not have attended. The reason for non-attendance was not therefore caused by, or related to his disability. The appeal was dismissed.
 

RITA JANDU v MARKS & SPENCER PLC. 2200275/2021
 

The Claimant struggled to write lengthy messages and preferred to communicate in bullet point form due to her dyslexia. The tribunal found that the Respondent had “singled out” the Claimant for redundancy based on the fact that she appeared to rush her work and produced emails containing inaccuracies. The tribunal found that the Respondent had ignored the impact that the Claimant’s disability had on her work. It found that as a result the Claimant had been both unfairly dismissed and discriminated against in relation to her disability. The £50k award included £22k for injury to feelings.

For the news story click HERE
For the judgment click HERE

 Mr T JEURNINCH & MR M SCATENA v PIATTO (LONDON) LTD 2300733/2019 2300907/2019
 

Two gay restaurant employee Claimants stated that they were subjected to months of bullying and “slurs” referring to their sexuality. When the Claimants raised the issue with the Respondent employer they were met with threats of aggression and allegations of stealing from the business.

The couple received individual awards to the value of £41,732 and £83,102  including amounts relating to injury to feelings of £28k and £36k respectively.

For the news report click HERE
For the judgment click HERE