Mr F Velluto v Kimberley-Clark Ltd: 1600180/2019 Mr F Velluto v Kimberley-Clark Ltd: 1600180/2019
JUDGMENT
The unanimous judgment and declaration of the Tribunal is:[1]The respondent, notwithstanding that it took reasonable steps to attempt to prevent harassment occurring, discriminated against the claimant by harassment in relation to the protected characteristic of disability on 17th October 2018 when, during a disciplinary hearing, he was asked “Why were you in work if it [the claimant’s disabling condition/its symptoms and/or management of them] was that serious?”[2]The respondent shall pay to the claimant £3,000 by way of damages for injury to his feelings in relation to the above judgment.[3]The claimant’s claim of direct discrimination in relation to the protected characteristic of disability is dismissed upon it having been withdrawn by the claimant.[4]The claimant was fairly dismissed by the respondent on 31st October 2018 for a reason related to his conduct.[5]The claimant’s claims that he was unfairly dismissed, and discriminated against in relation to disability (indirectly, by a failure to make reasonable adjustments, because of something arising in consequence of his disability Case No.:1600180/2019 and, save as provided above at paragraph 1, harassment) fail and are dismissed.