Mr K Bialobrzeski v Zaun Ltd: 1307189/2019
JUDGMENT
The complaint of unfair dismissal is dismissed following a withdrawal by the claimant. Employment Judge Woffenden Date: 26 February 2020 EMPLOYMENT TRIBUNALS 1307189/2019 Claimant Respondent Mr K Bialobrzeski v Zaun Limited Heard at: Birmingham On: 8 July 2020 Before: Employment Judge Johnson Appearances For the claimant: Mr K Bialobrzeski (in person) Interpreter: Mr T Gorszwa (Polish speaking) For the respondent: Ms V Cooper (Production Manager) JUDGMENT[1]The claimant is a disabled person within the meaning of section 6(1) of the Equality Act 2010.[2]The claimant was disabled by reason of chronic pain which he had experienced since 2014 and hiatus hernia/pylorus since 2017.[3]The claimant is not disabled by reason of cervical spondylosis because although MRI scans in 2018 revealed some degenerative changes to the claimant’s cervical spine, there was no indication that these changes impinged upon the neural pathways, thereby causing him pain.[4]The claimant was disabled at the date of alleged discriminatory acts in June 2019.[5]The remaining issues of direct disability discrimination and discrimination arising from a disability will now be determined at the final hearing on 5, 6, 7 and 8 January 2021 in the Birmingham Employment Tribunal. Employment Judge Johnson Date: …8 July 2020…………………. Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Case Number: 1307189/ 2019 Note: written reasons will not be provided unless requested at the Hearing itself or in writing within 14 days of the sending of the written record of the decision, Rule 62(3). EMPLOYMENT TRIBUNALS BETWEEN Claimant Respondent Mr Bialobrzeski Zaun Ltd AND