B and M Retail Ltd

Judgment approved by the court for handing down Duke v B & M Retail Ltd © EAT 2025 Page 1 [2025] EAT 195 Neutral Citation Number: [2025] EAT 195 Case No: EA-2023-001072-DXA EMPLOYMENT APPEAL TRIBUNAL Rolls Building Fetter Lane, London, EC4A 1NL Date: 23 December 2025 Before: HIS HONOUR JUDGE TARIQ SADIQ - - - - - - - - - - - - - - - - - - - - - Between: MR NEIL DUKE Appellant - and – B & M RETAIL LIMITED Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr Lee Bronze (instructed by USDAW) for the Appellant Mr Stefan Brochwicz-Lewinski (instructed by Horsfield Menzies) for the Respondent Hearing date: 25 September 2025 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment approved by the court for handing down Duke v B & M Retail Ltd © EAT 2025 Page 2 [2025] EAT 195 SUMMARY Disability discrimination – sections 19 and 20 Equality Act 2010 Unfair dismissal Wrongful dismissal The Claimant was disabled by virtue of a lung condition. He had received letters from Public Health England that he was deemed clinically extremely vulnerable to COVID as a result of his disability. He was required by the Respondent to attend work during the pandemic. The Claimant requested to be absent from work on furlough as a reasonable adjustment. This was refused by the Respondent, but the Claimant was given the option ...