Claimant v Hawkwell House Hotel Limited

The unfair dismissal claim was dismissed on withdrawal by judgment dated 9 April 2025 following two preliminary hearings.

Any claim relating to public interest disclosure was dismissed on withdrawal by judgment dated 9 April 2025 following preliminary hearings.

The tribunal found that the claimant was dismissed because of her ADHD disability. After she disclosed her ADHD on 20 March 2024, the general manager took advice from Croner and was told to check whether she had a formal diagnosis and if not, to dismiss her. He followed this advice and dismissed her the next day. The tribunal concluded the fact of her ADHD was foremost in his mind and was a very significant part of the reason for dismissal.

The claimant was dismissed because of something arising from her disability, namely her difficulties with administrative work including focus, concentration and time management caused by her ADHD. The respondent failed to show the dismissal was a proportionate means of achieving a legitimate aim. The tribunal found the respondent failed to make reasonable adjustments, cut short her probation without justification, and did not act proportionately.

The respondent applied a PCP requiring the claimant to undertake payroll tasks without adjustments, which placed her at substantial disadvantage compared to non-disabled persons. The respondent knew or should have known of her ADHD and its effects. The tribunal found the respondent failed to provide adequate training, a suitable quiet workspace, the opportunity to work from home when requested, or additional time. These would have been reasonable steps that would have avoided the disadvantage.