In Thanki v. Asda Stores Limited Case No. 1801966/2016 the Claimant was a disabled man because of hypertension and depression. The Respondent required the Claimant to attend his workplace on a weekly basis as a form of keeping in touch day. The Respondent argued they did not know the Claimant was disabled, and maintained that the practice of requiring him to attend his workplace was simply a part of their policy.
Nicholas established that the Respondent could reasonably have known that the Claimant was a disabled person, and that the application of the keeping in touch policy put the Claimant at a substantial disadvantage as a disabled person. It followed therefore that the Claimant succeeded in his claims for Constructive Unfair Dismissal, Wrongful Dismissal, Discrimination Arising from Disability, and a Failure to Make Reasonable Adjustments. The Respondent’s approach to the Claimant’s sickness absence breached the implied term of trust and confidence, and amounted to unlawful disability discrimination extending over a period of time.