Mr P Siviter v European Metal Recycling Ltd: 1304229/2020 and 1304230/2020
EMPLOYMENT TRIBUNALS
Case No 1304229/2020, 1304230/2020
Between
Mr P SiviterClaimantEuropean Metal Recycling LtdRespondent
Before
Employment Judge FindlayIn person for claimantMr J Buckle (instructed by solicitor) for respondentDate 12 August 2021
JUDGMENT
The claimant had a disability within the meaning of section 6 of the Equality Act 2010 from no later than 1 June 2019 and continued to do so up to (and after) 18 September 2019. Employment Judge Findlay 7 August 2020 Case Number: 1304229/2020 & 1304230/2020 - 1 - EMPLOYMENT TRIBUNALS Claimant Respondent Mr P Siviter v European Metal Recycling Ltd FINAL (MERITS) HEARING (CONDUCTED IN BY THE CLOUD VIDEO PLATFORM) Heard at: Birmingham On: 9 to 12 August 2021 Before: Employment Judge Perry, Mr P Collier & Mr T Liburd Appearances For the Claimant: in person For the Respondents: Mr J Buckle (solicitor) JUDGMENT[1]The complaints identified in issues 1.2.1, 1.2.3, 1.2.5 and 3.1.1 are dismissed on withdrawal.[2]The complaints identified in issue 4 (the failure to make reasonable adjustments) in relation to all four provision, criterion or practices (issues 18.2.1(a)-(d)) and the remaining direct discrimination complaint (issue 3.1.4) fail and there was no breach of part 5 of Equality Act 2010. Those complaints are dismissed.[3]As to the remaining breach of contract complaints it is agreed that the respondent failed to make a payment to the claimant in lieu of:-a. car allowance in relation to claimant’s notice period. The respondent is ordered to pay to the claimant the agreed sum of £1,457.54 gross.b. pension contributions in relation to the claimant’s notice period. Conditional upon the claimant making a contribution equivalent to 4% to the scheme the respondent has agreed to pay £1,443.09 into its pension scheme. Signed electronically by me