Mr P Liburd v Birmingham Women’s and Children’s NHS Foundation Trust: 1309059/2019

EMPLOYMENT TRIBUNALS

Case No 1309059/2019

Between

Mr P LiburdClaimant

Birmingham Women’s and Children’s NHS Foundation TrustRespondent

Before

Employment Judge Dimbylow

Members

Mrs S Bannister

Mrs D Rance

Ms L Moses (instructed by Counsel) for claimant

Miss S Bowen (instructed by Counsel) for respondent

Date 25 February 2021

JUDGMENT

This hearing took place against the background of the coronavirus pandemic; and was conducted remotely by video platform in accordance with safe practice and guidelines. The unanimous judgement of the tribunal is that:

[1]By consent, the claimant’s claim for indirect disability discrimination contrary to section 19 of the Equality Act 2010 is dismissed upon withdrawal by the claimant.

[2]By consent, the claimant’s claim for failure to make reasonable adjustments discrimination contrary to sections 20-22 of the Equality Act 2010 is dismissed upon withdrawal by the claimant.

[3]This hearing is adjourned to a date to be fixed, when an oral judgment and reasons will be given. The hearing will be via CVP and listed for 1 day before the same tribunal. The claimant consented to an application by the respondent that there should be another virtual hearing rather than the tribunal sending out a written judgment and reasons. The parties are directed to provide dates of unavailability to the tribunal office by 4pm on 16 December 2020 for the period from 1 January to 30 April 2021. Case Number 1309059/2019 Signed on 10 December 2020 Employment Jude Dimbylow

[1]The claimant was fairly dismissed by reason of capability and therefore his claim for unfair dismissal is not well-founded, fails and is dismissed.

[2]We declare that the claimant was not disabled within the meaning of the Equality Act 2010 (EqA) because of a mental impairment of an “anxiety condition”.

[3]We declare that the claim that the claimant was discriminated against because of something arising from his disability of cancer when he was dismissed because of capability and long-term sickness absence is wellfounded. However, we make no award of compensation for any economic losses or injured feelings because the claimant caused or contributed to his Case Number 1309059/2019 dismissal to the extent of 100% and it would not be just and equitable to do so.