A Judge has ruled that an Employment Tribunal ‘mishandled’ an Asda employee’s disability discrimination claim.
Warehouse operative Mr Jamu took a number of claims to a Leicester Tribunal in February 2013, after the longstanding Asda employee of ten years was assigned ‘heavy duties’ on return to work, following more than one period of ill health.
A Court heard that Mr Jamu, who suffered from stress and depression, had a number of health-related absences from work in 2012 and 2013 and was assigned heavy duties on several occasions.
Mr Jamu claimed that he was disabled under the terms of the Equality Act 2010 and the subject of discrimination, but a Tribunal ruled that a reasonable adjustment claim brought forward by the employee related to just one instance on 18 March.
The decision came following Asda’s insistence that no reasonable adjustments claim was made obvious by Jamu beyond the requirement for him to attend a meeting on 18 March to discuss new contractual arrangements – which the employee missed on account of being ‘too ill’ to attend.
The meeting went ahead without Mr Jamu, who was represented by a former union officer, a Court heard.
But Judge Eady has since ruled at an Employment Appeal Tribunal that the 2013 Leicester Employment Tribunal was wrong in the way it “limited Mr P T Jamu’s reasonable adjustments claim”.
“The Employment Tribunal erred in failing to address the claimant’s complaint of disability discrimination by reason of a failure to make reasonable adjustments upon his return to work on 14 June 2013,” she said.
Judge Eady granted Mr Jamu the right to bring his ‘heavy duties’ claim back to Tribunal at a later date.