Mr J Raftery v Westshield Ltd: 2413644/2023
JUDGMENT
At the relevant times the claimant was not a disabled person (as defined by section 6 Equality Act 2010) because of stress and anxiety. The claim for breach of the duty to make reasonable adjustments is therefore dismissed.REASONS
[1]There is no reasonable prospect of the original decision being varied or revoked because the claimant simply says that he disagrees with the decision made given the claimant’s health condition. He does not indicate why it is ‘necessary in the interests of justice’ to vary or revoke the judgment (rule 68 Employment Tribunals Rules of Procedure 2024.) In short, he sets out no proper grounds for a reconsideration of the judgment on disability. Date: 25 March 2025 Approved by Employment Judge Eeley[2]JUDGMENT SENT TO THE PARTIES ON 31 March 2025 FOR THE TRIBUNAL OFFICE[3]Case No: 2413644/2023 EMPLOYMENT TRIBUNALS Claimant: Mr J Raftery Respondent: Westshield Ltd Heard at: Liverpool (CVP) On:7 April 2025 Before: Employment Judge Ainscough (sitting alone) Representation Claimant: Mr Raftery – lay representative Respondent: Mrs Peckham - Solicitor[5]The respondent’s application to strike out the detriment after raising health and safety concerns complaint and the automatic unfair dismissal after raising health and safety concerns complaint is refused and is unsuccessful.