Mr Simon White v Chief Constable Police Service of Scotland: 4102920/2019
JUDGMENT
The unanimous judgment of the Employment Tribunal is that the respondent did not treat the claimant less favourably because of the protected characteristic of disability and his claim of unlawful discrimination under section 13 of the Equality Act 2010 is dismissed.REASONS
[1]This case came before us for a final hearing on both liability and remedy. Mr Jaap appeared for the claimant and Dr Gibson for the respondent. We set out the issues below but in summary the claimant was alleging that he had been subjected to unlawful direct discrimination under section 13 of the Equality Act 2010 (“EqA”) because of the protected characteristic of disability.[2]The claimant did not assert that he was disabled. Indeed he was clear in his ET1 claim form that he was not disabled but he alleged that the respondent had perceived that he was disabled and had subjected him to discriminatory treatment because of that perception. Procedural history[3]There had been two Preliminary Hearings. The first of these took place on 28 June 2019 before Employment Judge Porter. The principal outcome was an Order that the claimant should provide Further and Better Particulars of his claim and the Respondent should, if so advised, respond to these. Thereafter Further and Better Particulars were submitted by the claimant and responded to by the respondent.[4]The second Preliminary Hearing took place on 30 August 2019 before