Mr M Arulampalam (Sometimes Known as M Isshani) and Sharjana Ltd (Dismissed as Party)

Case Summary

The claimant succeeded in claims of direct disability discrimination and unfavourable treatment arising from disability against the first respondent following a TUPE transfer. The claims against the second respondent were dismissed. The tribunal awarded compensation for past and future financial losses, injury to feelings, and a statutory payment for failure to provide employment particulars.

The tribunal found that the claimant was a disabled person with Systemic Lupus Erythematosus, anxiety and depression, and that the complaints of direct disability discrimination and unfavourable treatment arising from disability were well-founded. The failure to make reasonable adjustments and harassment complaints were dismissed as not well-founded. The respondent was in breach of its duty to provide written employment particulars, justifying an award of four weeks' gross pay.

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• •Employment status and TUPE transfer
• •Disability status under Equality Act 2010
• •Direct disability discrimination
• •Unfavourable treatment because of something arising in consequence of disability
• •Failure to make reasonable adjustments for disability
• •Harassment related to disability
• •Failure to provide a written statement of employment particulars

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