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3322572/2019Partially Successful

Fujitsu Services Ltd

28 June 2023England & Wales
GOV.UK

Case Summary

The claimant, a former employee of the respondent, brought multiple claims including unfair dismissal, disability discrimination, and harassment. The tribunal found in the claimant's favour on several of the complaints, including failure to make reasonable adjustments and harassment related to disability, but dismissed the majority of the claims.

Key Issues

  • Failure to make reasonable adjustments
  • Harassment related to disability
  • Indirect discrimination about contact requirements during sickness absence

Claim Types

Cited Laws and Legal Issues

Employment Rights Act 1996 unfair dismissalEmployment Rights Act 1996

ee of the respondent, brought multiple claims including unfair dismissal, disability discrimination, and harassment. The tribuna

Equality Act 2010 disability discriminationEquality Act 2010

nt, brought multiple claims including unfair dismissal, disability discrimination, and harassment. The tribunal found in the claimant's f

Decision Text

Case Numbers: 3322572/2019, 3312130/2020 and 2204298/2021 EMPLOYMENT TRIBUNALS Claimant: Mr T Duncan Respondent: Fujitsu Services Limited Heard at: Watford (in public; partly in person and partly remote) On: 26, 27, 28, 31 October 2022 1, 3, 4, 7, 8, 10, 11, 14, 15, 21, 22 November 2022 12, 13 December 2022 13 February 2023 In chambers on: 14 to 17 February 2023; 2 and 3 March 2023; 5 and 6 April 2023 Before: Employment Judge Quill (from 31 October 2022; EJ Maxwell prior) Ms Barratt Ms Harris Appearances For the claimant: Representing himself with assistance of his father For the respondent: Mr P Michell, counsel JUDGMENT 1. By a unanimous decision, the complaint of harassment related to disability by failure to conduct stress risk assessment (identified in Row 2 of Scott Schedule) succeeds. 2. By a unanimous decision, the complaints of failure to make reasonable adjustments and indirect discrimination about contact requirements during sickness absence (identified in Row 15) of Scott Schedule succeed. 3. By a majority decision (Ms Barratt and Ms Harris), the complaint of harassment related to disability by supplying information to the Claimant’s mother (identified in Row 17 of Scott Schedule) succeeds. 4. By a unanimous decision, the complaint of failure to make reasonable adjustments in relation to requiring oral communication (Row 51 of Scott Schedule) succeeds. 5. By a unanimous decision, the complaint of failure to make reasonable adjustments in relation to information about meetings (Row 61 of Scott Schedule) succeeds. 6. All of the other complaints fail and are dismissed. Case Numbers: 3322572/2019, 3312130/2020 and 2204298/2021 REASONS Introduction 1. The Claimant is a former employee of the Respondent. He presented the following three claim f...

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Employer

Respondent

Fujitsu Services Ltd

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Case Details

Case Number
3322572/2019
Tribunal
Employment Tribunal
Level
First instance
Decision Date
28/06/2023
Published
11/01/2024
Jurisdiction
England & Wales