Mr A Sutton v One Parking Solution Ltd: 1401596/2022
JUDGMENT
It is the unanimous decision of the Tribunal that:[1]The claimant’s complaints of harassment related to disability pursuant to the Equality Act 2010 s.26 succeeds having considered that:(a) During a meeting on the 20 April 2022 the respondent said to the claimant “are you disabled because you are really slow?” or words to that effect.(b) That the conduct, by way of the comment was unwanted.(c) That the comment made to the claimant by the respondent related to his protected characteristic of bipolar.(d) The comment, whilst unwanted conduct, did not have the purpose of violating the claimant’s dignity or creating a hostile, degrading, humiliating or offensive environment for the claimant.(e) Whilst the comment did not have the intention to cause the effect in (d) it did have that effect of intimidating and humiliating him in the meeting, which is not reasonable.[2]The matter of remedy for injury to feelings will be considered on the papers before the Tribunal with the Parties complying with a separate directions Order.