Claimant v eXPD8 Limited
Outcome
Individual claims
This claim was withdrawn by the claimant and dismissed upon withdrawal by the tribunal.
This claim was withdrawn by the claimant and dismissed upon withdrawal by the tribunal.
The discrimination arising from disability claim under section 15 of the Equality Act 2010 was withdrawn by the claimant and dismissed upon withdrawal.
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.
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.
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.
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reasonable adjustments for disabled employees and follow fair procedures when dismissing, even where some claims are withdrawn or fail, as successful disability discrimination claims can result in substantial injury to feelings awards.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
Vento band: middle
Legal authorities cited
Statutes
Case details
- Case number
- 6019387/2025
- Decision date
- 11 December 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Name
- eXPD8 Limited
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep