Mr A Behan v Ethigen Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4106301/2023 5 Held in Glasgow on 20, 21 and 22 March 2024 Employment Judge L Doherty Members I Ashraf and P Finlay 10 Mr A Behan Claimant Represented by: Mr N Paterson - Solicitor 15 Ethigen Limited Respondent Represented by: Mr G Miller - Solicitor

20 JUDGMENT OF THE EMPLOYMENT TRIBUNAL The unanimous judgment of the employment Tribunal is that: (1) the claim under Section 15 of the Equality Act 2010 (the Act) succeed; (2) the claim under Section 26 of the Act is dismissed; and (3) a Remedy hearing will now be fixed.

25 REASONS

1. The claimant brings claims under Section 15 and section 26 of the Act on the grounds of the protected characteristic of disability, which is chronic lymphocytic leukaemia (CLL). Disability status is accepted, but knowledge of disability is not. 30 2. The parties had agreed a list of issues which could be summarised as follows: 4106301/2023 Page 2 Section 15 claim (1) Did the respondent’s kno...

3. The claimant give evidence on his behalf. For the respondent’s evidence was given by their Transport Manager, Hugh Starrs, and by their Logistics General 25 Manager, Ian Crawford. The parties lodged a joint bundle of documents. 4106301/2023 Page 3 Findings in Fact