Mr R Smeaton v Taylor Wimpey UK Ltd: 4104200/2023
| Jurisdiction | England & Wales |
| Judgment Date | 11 March 2024 |
| Date | 11 March 2024 |
| Citation | 4104200/2023 |
| Court | Employment Tribunal |
| Published date | 28 March 2024 |
| Subject Matter | Disability Discrimination |
EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No: 4104200/2023
Held in Glasgow on 10, 11, 15, 16, and 18 January 2024
Employment Judge S MacLean
Tribunal Member EA Farrell
Tribunal Member J Burnett
Mr Ryan Smeaton Claimant
Represented by:
Mr T McGrade -
Solicitor
Taylor Wimpey UK Limited Respondent
Represented by:
Mr S Hughes –
Advocate
Instructed by:
Ms K Staples –
Solicitor
JUDGMENT OF THE EMPLOYMENT TRIBUNAL
The Judgment of the Employment Tribunal is that:
(1) the Tribunal finds and declares that the respondent unlawfully discriminated
against the claimant, contrary to section 39 of the Equality Act 2010, and his
complaint of discrimination contrary to sections 15, 20 and 21 of the Equality
Act 2010 succeed;
2010 are dismissed; and
(3) the respondent unfairly dismissed the claimant under section 98 of the
Employment Rights Act 1996.
4104200/2023 Page 2
REASONS
Introduction
1. The respondent employed the claimant as a management trainee from 17
September 2018 until 21 March 2023. In the claim form, the claimant claims
disability discrimination under sections 13, 15, 20, 21 and 26 of the Equality
Act 2010 (the EqA) and unfair dismissal under section 98 of the Employment
Rights Act 1996 (the ERA). The respondent resisted the claims and raised
preliminary issues of time and disability status, which were reserved for the
in-person hearing to consider liability.
2. Evidence in chief was given by witness statements. Witnesses were cross-
examined and re-examined in the usual way.
3. The claimant gave evidence. Marlene Smeaton, his mother and Fraser
Woods, assistant design and planning executive gave evidence on his
behalf. For the respondent, the Tribunal heard evidence from Graeme
Oswald, technical design and planning manager, Marc Nelson, design and
planning executive, Colin Blair, formerly technical director for West Scotland
business unit, Martin Findlay, technical director for West Scotland business
unit and Gavin Hamilton, managing director for East Scotland business unit.
Mr Nelson gave his evidence remotely by cloud video platform.
4. The list of issues prepared by the representatives, was refined to take
account of the evidence and submissions. The agreed termination date was
21 March 2023. The respondent no longer insisted that the claims were time
barred. At the relevant time, the claimant is a person with a disability, under
section 6 of the EqA, owing to the diagnosis of Pompe disease. The claimant
no longer sought to rely upon his psychological health problems as
constituting a separate disability. The claimant also did not insist upon the
section 13 (direct discrimination) claim and section 26 (harassment) claim.
5. The Tribunal has set out facts as found that are essential to the Tribunal’s
reasons or to an understanding of important parts of the evidence. The
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