Mr G R McEwan v Royal Mail Group Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) 5 Case No: 4103485/2023 Held at Aberdeen on 11, 12 & 13 December 2023 Employment Judge N M Hosie 10 Members K Culloch S Larkin Claimant 15 Mr Gregor Rory McEwan Represented by, Mr R Dorrian - Solicitor 20 Royal Mail Group Ltd Respondent Represented by, Mr A Gibson - Solicitor 25

JUDGMENT OF THE EMPLOYMENT TRIBUNAL 30 The unanimous Judgment of the Tribunal is that:- 1. the respondent unlawfully discriminated against the claimant, in respect of his disability, in terms of s.15 and s.20 of the Equality Act 2010; 2. the claimant was unfairly dismissed by the respondent; 35 3. the claim of harassment, in terms of s.26 of the Equality Act 2010, is not well- founded and is di...

E.T. Z4 (WR) S/4103485/2023 Page 2

REASONS Introduction 5 1. The claimant, Gregor McEwan, brought claims of unfair dismissal and disability discrimination. The respondent admitted the dismissal but claimed that the reason was, “some other substantial one”, namely “unsatisfactory attendance”, or, in the alternative, capability, and that it was fair. Otherwise, the claims were denied. 10 Disability

2. The claimant has had Epilepsy since 2002. The respondent had knowledge of his condition since at least 2015. The respondent accepted that the 15 claimant was a disabled person, in terms of s.6 of the Equality Act 2010. The evidence