Turning Point Scotland

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4112457/2021 5 Held via Cloud Video Platform (CVP) on 5 April 2022 Employment Judge J D Young Mr T Burke Claimant Represented by: 10 Ms McKillen assisted by Ms Walker - Student Advisers 15 Turning Point Scotland Respondent Represented by: Mr C Asbury - Solicitor 20 JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Judgment of the Employment Tribunal is that the claimant was a disabled person within the meaning of s6 of the Equality Act 2010 in the period between 25 November 2020 and 13 August 2021. REASONS 25 Introduction 1. In this case, the claimant has presented a claim to the Employment Tribunal complaining that he has been unfairly dismissed, discriminated against because of the protected characteristics of disability and age and that there was failure to pay him a redundancy payment. 30 2. The respondent denies all these claims; raises time bar and disability status as preliminary issues; and maintains that after due process the claimant was fairly dismissed on grounds of his ill health with effect from 13 August 2021. 3. At a preliminary hearing of 18 January 2022, it was agreed that this preliminary hearing would consider the issue of whether or not the claimant 35 4112457/2021 Page 2 was a disabled person in terms of section 6 of the Equality Act 2010 (“the Equality Act”) The hearing 4. At the hearing, I heard evidence from the claimant and his daughter Tressa Burke. The parties had helpfully liaised in providing a single file of documents 5 paginated 1-76 (J1-76). Relevant law 5. Section 6 of the Equality Act provides a definition of “disability” as follows: (1) A person (P) has a disability if: (a) P has a physical or mental impairment, and 10 (b) The impairment has a...