Dr J Al-Tarkait v Kuwait Oil Company (KSC): 2206236/2016
| Judgment Date | 07 November 2018 |
| Subject Matter | Disability Discrimination |
| Date | 07 November 2018 |
| Citation | 2206236/2016 |
| Published date | 22 February 2017 |
| Court | Employment Tribunal |
Case Number: 2206236/2016
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EMPLOYMENT TRIBUNALS
Claimant: Dr J Al-Tarkait
Respondent: Kuwait Oil Company
At: London Central
On: 9 – 12 January 2017
Employment Judge: Dr S J Auerbach
Members: Ms K A Church
Ms M Jaffe
Appearances
For the Claimant: Mr R Hignett, counsel
For the Respondent: Mr M Duggan, counsel
REASONS
Introduction
1. This case was listed for a ten-day full merits hearing opening on 9 January
2017. In the event the Tribunal dealt with a succession of what amounted to case-
management matters. On day three we granted an application by the Respondent
to postpone the full merits hearing proper; and on day four we relisted it and gave
further case management directions, including in relation to costs issues.
2. A minute recording the matters that we dealt with, and orders made, has
been promulgated. One of those matters concerned what were described as
evidential issues, set out at paragraphs 1(a) – (f) of the draft list of issues that was
before us. We gave an oral reasoned decision in relation to that matter on day
one; but, before the conclusion of the hearing on day four, Mr Hignett, on behalf of
the Claimant, applied for written reasons. These are accordingly now provided.
3. The context is this. There is no dispute that the Claimant was, at all times
during his employment with the Respondent, a disabled person in law, his disability
being limb girdle muscular dystrophy. Unfortunately, at a certain point, as a result
of a fall, the Claimant became a permanent wheelchair user. At the time when we
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