Mr M Addis v Asda Stores Ltd: 1403417/2018 and 1401244/2019
JUDGMENT
[1]The claim of unfair dismissal is well founded and succeeds.[2]The claimant would have been fairly dismissed on grounds of capability on 31 July 2019 had the respondent adopted a fair process.[3]The claim that the claimant’s dismissal was an act of discrimination arising from his disability is well founded and succeeds. His dismissal was unfavourable treatment, and was caused by his sickness absence and inability to work with his managers, both of which arose from his disability. The decision was not justified because the method adopted to secure the legitimate aim was not proportionate and was itself tainted by discrimination.[4]The claims of direct discrimination, indirect discrimination and victimisation are not well founded and are dismissed. Remedy[5]The hearing of the claimant’s claims for compensation are adjourned to 6 March 2020 at 10am at the Bristol Employment Tribunal. Directions in relation to that hearing are set in a separate Order of today’s date. 1403417/2018 1401244/2019 Case No: 1403417/2018 1401244/2019 EMPLOYMENT TRIBUNALS Claimant Respondent Mr M Addis v Asda Stores Ltd Heard at: Bristol On: 6 March 2020 Before: Employment Judge Midgley Mrs L Simmonds Mr C Williams Appearances For the Claimant: Mr M Addis in person For the Respondent : Mr B Frew, Counsel AMENDED JUDGMENT[1]By consent it is Ordered that the Respondent shall pay to the Claimant pecuniary loss of £1104.90, consisting of: 1.1. A balance in respect of the Basic Award of £10.70. 1.2. A compensatory award of £1,094.20[2]The prescribed element of the monetary award is £794.20[3]The prescribed period is 30/01/2019 until 21/04/2020 The balance is £310.70[5]The Claimant is awarded £11,000.00 for injury to feelings and interest of £1015.01