The claimant succeeded on two reasonable adjustment claims (ergonomic chair and vertical mouse) but her unfair dismissal, harassment, and remaining disability discrimination claims were dismissed, making the overall outcome split and resulting in an award of £3,984.99.
Legal Issues (5)
Whether the respondent failed to make reasonable adjustments for disability
whether there was unfavourable treatment arising from disability
The claimant failed to prove it was not reasonably practicable to present his claim within the statutory time limit, and even if it were, he did not present it within a reasonable period thereafter, so the Tribunal lacked jurisdiction.
Legal Issues (3)
Whether it was not reasonably practicable for the claimant to present his unfair dismissal complaint within the primary three-month time limit under section 111(2)(b) of the Employment Rights Act 1996
and if so
whether he presented it within a reasonable further period.
All discrimination complaints were dismissed because the reduction in shifts was due to the introduction of a new shift allocation system (Rotamaster) and not because of any protected characteristic; the Respondent provided a compelling non-discriminatory explanation.
The respondent dismissed the claimant without any investigation, without putting allegations to her, and without following a fair process, making the dismissal unfair and wrongful.
Legal Issues (8)
Unfair dismissal – whether the employer had a genuine belief in misconduct
carried out a reasonable investigation
and acted within the range of reasonable responses
wrongful dismissal/breach of contract (notice pay)
The claimant failed to establish that the disclosures were protected or that the principal reason for dismissal was the protected disclosure rather than genuine redundancy.
Legal Issues (3)
Whether the claimant had a 'pretty good chance' of success at interim relief stage
whether the disclosures were qualifying disclosures under s.43B ERA 1996
whether the principal reason for dismissal was the protected disclosure or redundancy.
The claimant succeeded in her claims for National Minimum Wage (idle time), holiday pay, and the statutory additional award for failure to provide a written statement.
Legal Issues (4)
National Minimum Wage (idle time/time work under Regulation 32)
holiday pay
additional award for failure to provide written statement of employment particulars
exceptional circumstances defence under s38(5) Employment Act 2002.
The claimant succeeded in claims for unauthorised deductions, notice pay, and written particulars, but the unfair dismissal claim was dismissed for lack of jurisdiction due to insufficient continuous employment.
Legal Issues (5)
Unauthorised deductions
breach of contract for notice pay
failure to provide written particulars
constructive unfair dismissal jurisdiction (two-year service requirement)