Mr A Hoban v Momentum Activating Demand Ltd and Mr M Lewis: 2216163/2023
JUDGMENT
The unanimous judgment of the Tribunal is as follows:[1]The following complaint of direct disability discrimination (under s.13 of the Equality Act 2010) is well-founded and succeeds: By dismissing the claimant on 29 August 2023, the respondents treated the claimant less favourably because of his disability than in no materially different circumstances they would have treated a person without the claimant’s disability.[2]The following complaint of discrimination arising from disability (under s.15 of the Equality Act 2010) is well-founded and succeeds: By dismissing the claimant on 29 August 2023, the respondents treated the claimant unfavourably because of something arising in consequence of his disability, namely:(i) the claimant being Case Number 2216163/2023 insufficiently engaged with the business,(ii) a perception that he was insufficiently engaged with the business or not working hard enough.[3]All other complaints in the claim are not well-founded and are dismissed.[4]All remedy issues (if not agreed by the parties) will be determined at a remedy hearing, to be listed by the Tribunal. The parties shall write to the Tribunal by 31 December 2024 with their dates to avoid and proposed (and if possible – agreed) directions for the remedy hearing.