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Kenworthy's Chambers

Robert Lassey Successfully Represents Respondent Against Disability Discrimination & Harassment Claims

by Kenworthy's Chambers 06/12/2018

Robert Lassey, instructed by Stephensons Solicitors, represented a client in a 3-day hearing at Manchester Employment Tribunal.

The Claimant argued Direct Disability Discrimination stemming from his suspension and subsequent dismissal for gross misconduct. Mr. Lassey successfully persuaded the Tribunal that the Respondent had no knowledge of the Claimant's specific mental impairment, and that consequently the Respondent's decision to dismiss the Claimant was not influenced by his disability.

Three further claims of Harassment were brought against the Respondent, in relation to alleged comments made towards him by various employees of the Respondent. Mr. Lassey submitted that such comments were a) never made, and b) to that extent which they were, could not be said to be related to the Claimant's protected characteristic, and therefore could not constitute Harassment.

In accepting Mr. Lassey's submissions, the Tribunal unanimously dismissed all five claims against the Respondent.