Mr J McLanaghan v SE Trains Ltd: 2301582/2023 and 2302226/2023
JUDGMENT
[1]The claimant was disabled with ‘anxiety and depression and bereavement’ from the date of his suspension on 30 May 2022 until his dismissal on 20 April 2023.[2]The following allegations are struck out on the basis that there is no reasonable prospect of the claimant satisfying the Tribunal that they were brought in time: a) that from January 2021, and for around a year afterwards, a colleague (JN) would leave the cleaning of human waste in the workplace to him b) that from 7th December 2020 until the end of his employment, he was told by JN and his line manger that he did not need to work overtime or extra Sundays, because he received PIP (Personal Independence Payment) c) that from September 2021 onwards, around once a month, JN required him to fix the ticket machines, despite telling her he found doing so a struggle d) that in early January 2022 he was threatened with disciplinary action for leaving his shifts early, and Case Numbers 2301582/2023 & 2302226/2023 e) that from 7 December 2020 there was a failure to make a reasonable adjustment so as to avoid the requirement to stand up throughout his full nine-hour shift.[3]The claimant’s remaining claims will proceed to a hearing on 3 February 2025.