Britvic Soft Drinks Ltd

Case Summary

The tribunal dismissed all claims including constructive unfair dismissal, direct disability discrimination, failure to make reasonable adjustments, and harassment related to disability. The claimant's credibility was questioned, and no evidence supported his disability status.

The tribunal dismissed all claims after finding that the claimant's credibility was questionable and there was no evidence to support his claimed disability status, which was central to his discrimination and harassment claims.

• •credibility_of_claimant
• •disability_status_of_claimant
• •performance_issues
• •constructive_unfair_dismissal

1 1308606/2022 EMPLOYMENT TRIBUNALS Claimant: M.Griffiths Respondent: Britvic Soft Drinks Limited JUDGMENT OF THE EMPLOYMENT TRIBUNAL WITH WRITTEN REASONS Heard at: Hybrid at Birmingham and via CVP On: 6,7,8,9,14 (In Chambers ) and 16 November 2023 Before: Employment Judge Algazy KC Panel: Mr I. Morrison Mr J.Kelly Appearances For the claimant: in Person For the respondent: Mr G. Anderson (Counsel) 2 1308606/2022 JUDGMENT The unanimous judgment of the Tribunal is that: 1. The claim for constructive unfair dismissal is unfounded and is dismissed. 2. The claim for direct disability discrimination is unfounded and is dismissed. 3. The claim for failure to make reasonable adjustments is unfounded and is dismissed. 4. The claim for harassment related to disability is unfounded and is dismissed. Oral reasons having been given, the parties were reminded of Rule 62(3) of Schedule 1 of the 2013 Rules regarding written reasons not being produced unless requested and/or subsequently requested in accordance with Rule 62(3). At the conclusion of the Hearing, this, and the fact that Written Reasons are published on the Employment Tribunal website, was explained to the Claimant who confirmed his request for Written Reasons which are duly set out below. WRITTEN REASONS INTRODUCTION 1. The Claimant was employed by the Respondent, latterly as a Shift Team Leader until his resignation on notice on 15 September 2022. He brings claims for constructive unfair dismissal and disability discrimination (direct, failure to make reasonable adjustments and harassment). The matters complained of arose during and following a period of sickness absence for work related stress. 2. The Claimant was not legally represented. In accordance with the Court of Appeal guidance in Mensah v East Hertfordshire NHS Trust [19…