Automated Summary
Key Facts
The claimant, Mr. S Hussain, was recognized as a disabled person under the Equality Act 2010 due to generalized anxiety disorder. All complaints against Arrow Enterprise Computing Solutions Ltd were dismissed: direct disability discrimination, unfavourable treatment arising from disability, failure to make reasonable adjustments, harassment related to disability, and victimisation. The holiday pay complaint was also dismissed for being out of time and not well-founded. The case was heard in Watford from 13 to 21 January 2025 before Employment Judge French and two others.
Issues
- The tribunal determined that the claimant was a disabled person under section 6 of the Equality Act 2010 because of generalized anxiety disorder.
- The victimisation claim was determined to be without merit and was dismissed.
- The complaint of direct disability discrimination was found not to be well-founded and was dismissed by the tribunal.
- The holiday pay complaint was dismissed both for exceeding the time limit and for lacking a valid foundation.
- The tribunal dismissed the claim of unfavourable treatment linked to consequences of the claimant's disability.
- The tribunal found the harassment complaint connected to the claimant's disability to be not well-founded.
- The failure to make reasonable adjustments for the claimant's disability was not substantiated and was dismissed.
Holdings
- The complaint of failure to make reasonable adjustments for disability is not well-founded and is dismissed.
- The complaint of victimisation is not well-founded and is dismissed.
- The complaint of direct disability discrimination is not well-founded and is dismissed.
- The complaint of unfavourable treatment because of something arising in consequence of disability is not well-founded and is dismissed.
- The complaint of harassment related to disability is not well-founded and is dismissed.
- The complaint relating to holiday pay was not presented within the applicable time limit. It was reasonably practicable to do so. The complaint of holiday pay is therefore dismissed. In any event, the complaint is not well founded and is dismissed.
Legal Principles
Other
Cited Statute
Equality Act 2010
Judge Name
- Employment Judge French
- Ms A Brosnan
- Ms S Campbell
Passage Text
- At the relevant times the claimant was a disabled person as defined by section 6 Equality Act 2010 because of generalised anxiety disorder.
- The complaint relating to holiday pay was not presented within the applicable time limit. It was reasonably practicable to do so. The complaint of holiday pay is therefore dismissed. In any event, the complaint is not well founded and is dismissed.