Mr A Everitt v Regal Consultancy Ltd: 3400093/2016
JUDGMENT
[1]The Claimant was treated less favourably because of his disability by virtue of his dismissal.[2]The Claimant was treated unfavourably because of something arising in consequence of his disability at the disciplinary hearing and by his dismissal and the Respondent has not shown that treatment to be a proportionate means of achieving a legitimate aim.[3]There was a failure to make reasonable adjustments by providing that the Claimant could only be accompanied at the disciplinary hearing by a trade union official or work colleague.[4]The Claimant did not resign and the Claimant’s claim of constructive unfair dismissal must therefore fail and is dismissed.[5]A remedy hearing has been listed before this Tribunal to take place on 8 November 2016 at the Bury St Edmunds Employment Tribunal, Triton House, St Andrews Street North, Bury St Edmunds, IP33 1TR. Judgment - Rule 61 Case Number: 3400093/2016 CASE MANAGEMENT ORDERS[1]The Respondent to file and serve a counter schedule by 9 September 2016.[2]Any other documents that either party wishes to rely upon going to the issue of remedy are to be disclosed by 27 September 2016.[3]Any further witness statements in relation to the issue of remedy to be exchanged by 18 October 2016.[4]The parties to agree and the Respondent to prepare bundles for the Tribunal of documents relevant to the issue of remedy and bring for copies to the remedy hearing.