Mr D Arthurs v G & R Electrical Wholesalers Ltd: 1404169/2023

EMPLOYMENT TRIBUNALS

Case No 1404169/2023

Between

In PersonClaimant

Miss L. Cunningham (Counsel)Respondent

Before

Employment Judge Smail

In person for claimant

Miss L. Cunningham (instructed by Counsel) for respondent

Date 28 November 2025

JUDGMENT

[1]The Respondent did not know (nor should they have) that the Claimant’s illness of Mixed Anxiety and Depressive Disorder could well last 12 months and so constitute a disability until receipt of the Claimant’s solicitors’ letter dated 13 April 2023, some 8 months after the Claimant was first signed off on 11 August 2022.

[2]In breach of section 15 of the Equality Act 2010, the Respondent discriminated against the Claimant arising from his disability by subjecting the Claimant to unfavourable treatment by failing to hear his appeal which alleged disability discrimination, notwithstanding having given an extension of time for it. The Respondent cannot justify this position.

[3]In breach of s.26 of the Equality Act 2010, the Respondent harassed the Claimant relating to his disability by failing to hear his appeal which alleged disability discrimination, notwithstanding having given an extension of time for it. This was reasonably regarded by the Claimant as having the effect of creating an offensive environment for him.

[4]In breach of s.27 of the Equality Act 2010, the Respondent victimised the Claimant by failing to hear his appeal which alleged disability discrimination, notwithstanding having given an extension of time for it. The Claimant establishes a prima facie case that this was victimisation for having raised an allegation of disability discrimination. The Tribunal rejects the Respondent’s evidence that the appeal got lost amongst other matters such as complying with a subject access request. The Respondent does not show that the fact that the Claimant had alleged discrimination played no role whatsoever in their failure.

[5]All other claims under the Equality Act 2010 are dismissed.

[6]By failing to hear his appeal, the Claimant was unfairly dismissed by the Respondent.

[7]There was no contributory fault of the Claimant to that failure. That was down to the Respondent alone.

[8]There was a 2/3rds chance that a fair-minded independent appeal panel, taking note that the Claimant was a disabled person, would have given the Claimant a further 3 months to return to work, bearing in mind his 20 years’ service.

[9]The Respondent must make an interim payment to the Claimant of £14,224 by 12 December 2025 (Basic Award of £13,824 and £400 loss of statutory rights).

[10]There will be a Remedy Hearing on 27 March 2026 for 1 day starting at 10 am. It will be held in person at Bodmin Magistrates’ Court.

[11]The matters for consideration will be an award for injury to feelings; an award for personal injury (if any); an award for financial loss compensation for discrimination (if any) and an award of financial loss compensation (if any) for unfair dismissal. The Respondent contends that only an award for injury to feelings flows from the Judgment because the Claimant was and remained on long term sickness absence throughout.

[12]The Claimant must serve a revised Schedule of Loss together with proposed remedy directions (if so advised) on the Respondent and the Tribunal by 9 January 2026.

[13]The Respondent must indicate whether they agree the directions by 16 January 2026.

[14]If any party requires written reasons for this Judgment, they must email the Bristol Employment Tribunal within 14 days of this Judgment being