A round up of recent Employment Tribunal decisions

Mitchell v Marks & Spencer plc An Employment Tribunal has made an award of £1,000 against Marks and Spencer after a delay in providing a disabled worker with a lift key to allow him to reach the toilets more easily. The Employment Tribunal held that the employer breached its duty under the Equality Act 2010 to make reasonable adjustments for disabled workers. “…there can be little excuse or explanation for the respondent as an organisation, in the circumstances, not providing the claimant with a key for 10 days when there were keys available and when the cost of cutting a further key was agreed to be £3.” Mr Mitchell has a disability that requires him to go to the toilet frequently. He raised the issue of getting a lift key to the customer lift with various managers. After his operation, he was not provided with a customer lift key and chased the issue up with management. A key to the customer lift was provided for him about 10 days after his operation. Read the full judgment… https://assets.publishing.service.gov.uk/media/5a15652440f0b627e22fdc53/Mr_M_Mitchell_v_Marks_and_Spencer_plc_2200625-2017_and_2200626-2017_Final_and_Reasons.pdf   Ginger v Department of Work and Pensions An Employment Tribunal made an award of £24,392 to a woman undergoing IVF treatment who was questioned by her line manager about her ability to cope with a second child. Read the full judgment… https://assets.publishing.service.gov.uk/media/5909dd8eed915d06b0000259/Ms_A_Ginger_v_Department_of_Work_and_Pensions_34019402015.pdf   Sekander v Rocketmill Ltd An Employment Tribunal held that an underperforming employee was unfairly dismissed after he was suspended rather than given the chance to improve. Read the full judgment… https://assets.publishing.service.gov.uk/media/5a1592f640f0b627e22fdc59/Mr_Y_Sekander_v_Rocketmill_Ltd_2301645-2016_Full.pdf   De Groen v Gan Menachem Hendon Ltd An Employment Tribunal held that an Orthodox Jewish nursery school that dismissed an unmarried teacher for cohabiting committed religious and sex discrimination. Read the full judgment… https://assets.publishing.service.gov.uk/media/5a2146f7e5274a75088c428f/Ms_Z_De_Groen_v_Gan_Menachem_Hendon_Ltd_3347281-2016_Full.pdf