Mr M Ingham v Craven College: 1800330/2019
JUDGMENT
[1]The complaint of disability discrimination by failure to make reasonable adjustments is dismissed as having no reasonable prospect of success.[2]The complaint seeking payment of a statutory redundancy payment is also dismissed again because it has no reasonable prospect of success.REASONS
[1]The claimant does not contend that he is a person with a disability. However his daughter is. Nevertheless, for the purposes of a complaint of failure to make reasonable adjustments under the Equality Act 2010 section 21, it is necessary in law for the claimant himself to be disabled. Such a complaint cannot be pursued as one of associative discrimination - see Hainsworth v Ministry of Defence [2014] IRLR 728.[2]The claimant concedes that he was not expressly dismissed by the respondent. Whilst he was placed at risk of redundancy he was then removed from that risk Case No: 1800330/2019 2 and his employment continued until he resigned for reasons which might be found to be connected to the redundancy process, but could not amount to a dismissal on the ground of redundancy. It is only qualifying employees who have been dismissed because of redundancy who are entitled to a statutory redundancy payment under the terms of the Employment Rights Act 1996 section 162.