Cases6019387/2025

Claimant v eXPD8 Limited

11 December 2025Before Employment Judge David HarrisWalesremote video

Outcome

Partly successful£14,094

Individual claims

Breach of Contractwithdrawn

This claim was withdrawn by the claimant and dismissed upon withdrawal by the tribunal.

Unlawful Deduction from Wageswithdrawn

This claim was withdrawn by the claimant and dismissed upon withdrawal by the tribunal.

Direct Discrimination(disability)withdrawn

The discrimination arising from disability claim under section 15 of the Equality Act 2010 was withdrawn by the claimant and dismissed upon withdrawal.

Otherstruck out

The claim for breach of General Data Protection Regulations was dismissed for want of jurisdiction as employment tribunals do not have jurisdiction to hear GDPR claims.

Failure to Make Reasonable Adjustments(disability)succeeded

The tribunal found that the respondent failed to comply with its duty to make reasonable adjustments under sections 20, 21 and 39(5) of the Equality Act 2010. The claimant was a disabled person and the respondent failed to make adjustments that would have removed the disadvantage she faced.

Unfair Dismissalsucceeded

The tribunal found that the termination of the claimant's employment on 20th May 2025 was unfair. The respondent failed to follow a fair procedure and did not have a fair reason for dismissal.

Harassment(disability)failed

The tribunal dismissed the claim of harassment under section 26 of the Equality Act 2010, finding that the conduct complained of did not meet the statutory definition of harassment or was not unwanted conduct related to disability that violated the claimant's dignity.

Facts

The claimant, Ms Guyan, was dismissed by eXPD8 Limited on 20th May 2025. She brought claims including unfair dismissal, failure to make reasonable adjustments for her disability, harassment, breach of contract, unlawful deduction of wages, and discrimination arising from disability. The claimant withdrew several of her claims during the hearing. The tribunal heard evidence over four days via video link.

Decision

The tribunal found in favour of the claimant on two claims: unfair dismissal and failure to make reasonable adjustments. The respondent had failed to make adjustments for the claimant's disability and had unfairly dismissed her. The harassment claim failed. The tribunal awarded injury to feelings of £12,100, compensatory award of £1,689.83, and interest, totaling £14,093.58.

Practical note

Employers must comply with their duty to make reasonable adjustments for disabled employees and follow fair procedures when dismissing, even where some claims are withdrawn or fail, as successful disability discrimination claims can result in substantial injury to feelings awards.

Award breakdown

Compensatory award£1,690
Injury to feelings£12,100
Loss of statutory rights£305
Interest£304

Vento band: middle

Legal authorities cited

Statutes

Equality Act 2010 s.15Equality Act 2010 s.20Equality Act 2010 s.21Equality Act 2010 s.39(5)Equality Act 2010 s.26

Case details

Case number
6019387/2025
Decision date
11 December 2025
Hearing type
full merits
Hearing days
4
Classification
contested

Respondent

Sector
professional services
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
lay rep