By consent, the claimant’s complaint of unfair dismissal is dismissed on the ground that he does not have sufficient qualifying service to bring a complaint of unfair dismissal under sections 98 and 108 of the Employment Rights Act 1996. The claimant’s remaining complaints of disability discrimination and unpaid wages, sick pay, holiday pay and notice pay may proceed to a final hearing. ________________________________ Judge Brian Doyle DATE 6 November 2020 Case Number: 2401731/2020 2 of 2 JUDGMENT SENT TO THE PARTIES ON 15 December 2020 FOR THE TRIBUNAL OFFICE Case No. 2401731/2020 1 EMPLOYMENT TRIBUNALS Claimant: Mr Luciano Degrassi Respondent 1: Respondent 2: Walsh and Evans Plastering Contractors Limited Michael Walsh HELD AT: Liverpool ON: 2 June 2021 BEFORE: Members: Employment Judge Shotter Mr Cunningham Ms Plimley REPRESENTATION: Claimant: Respondent: Mrs Whittaker (the claimant’s Mother) Mr J Peel, employment law consultant JUDGMENT The unanimous judgment of the Tribunal is that:[1]The claimant was disabled for the purpose of section 6 of the Equality Act 2020 with the physical impairment of type 1 diabetes.[2]The claimant was not unlawfully discriminated against under sections 13 of the Equality Act 2010 and the claimant’s claims of unlawful disability discrimination brought under sections 13 and 15 of the Equality Act 2010 are not well-founded and dismissed.[3]The respondent was not in breach of its duty to make reasonable adjustments, the claimant was not unlawfully discriminated against under sections 20 to 21 of the Equality Act 2010 and the claimant’s claims of unlawful disability discrimination brought under sections 20 to 21 of the Equality Act 2010 are not well-founded and dismissed.[4]The claimant’s claim for unpaid accrued holiday is dismissed upon withdrawal by the claimant.[5]The respondent is ordered to pay to the claimant by agreement unlawful deduction of wages of £68.88 SSP plus £130.52 by agreement totalling £199.40 from which there are no deductions due. Case No. 2401731/2020 2[6]The claimant was dismissed without notice and his claim for wrongful dismissal is well founded. By agreement the respondent is ordered to pay notice pay in the sum of £163.13 from which there are no deductions due.[7]The respondent failed to provide a statement of terms and conditions of employment and by agreement it is ordered the respondent pays £652.52.