Cases→1305068/2023

Claimant v Asda Stores Limited

1 December 2025Before Employment Judge FaulknerMidlands West

Outcome

Partly successful

Individual claims

Whistleblowingfailed

The tribunal found that the claimant was not subjected to a detriment on the ground that she made a protected disclosure. The complaint was not well-founded and was dismissed.

Direct Discrimination(disability)failed

The tribunal found that the respondent did not discriminate against the claimant because of something arising in consequence of her disability under section 15 of the Equality Act 2010.

Indirect Discrimination(disability)failed

The tribunal found that the respondent did not discriminate against the claimant by applying a provision, criterion or practice which was discriminatory in relation to her disability.

Victimisationfailed

The tribunal found that the respondent did not victimise the claimant under section 27 of the Equality Act 2010.

Harassment(disability)failed

The tribunal found that the respondent did not harass the claimant related to disability under section 40 of the Equality Act 2010.

Unfair Dismissalsucceeded

The tribunal found that the respondent dismissed the claimant and did so unfairly. The complaint of unfair dismissal was well-founded and succeeded.

Wrongful Dismissalsucceeded

The tribunal found that the claimant's complaint of breach of contract (wrongful dismissal) was well-founded and succeeded.

Facts

Ms Johnson was employed by ASDA Stores Limited and brought claims including whistleblowing, disability discrimination (direct, indirect, harassment), victimisation, unfair dismissal and wrongful dismissal. The case was heard over 10 days at the Midlands West Employment Tribunal. Ms Johnson represented herself while ASDA was represented by counsel.

Decision

The tribunal dismissed all of the claimant's discrimination, harassment, victimisation and whistleblowing claims. However, the tribunal found that ASDA had unfairly dismissed Ms Johnson and also found her wrongful dismissal claim well-founded. A remedy hearing will follow to determine compensation.

Practical note

A claimant can succeed on unfair and wrongful dismissal claims even where multiple associated discrimination and whistleblowing claims fail, highlighting the different legal tests and burdens of proof applicable to each claim type.

Legal authorities cited

Statutes

Equality Act 2010 s.39Equality Act 2010 s.40

Case details

Case number
1305068/2023
Decision date
1 December 2025
Hearing type
full merits
Hearing days
10
Classification
contested

Respondent

Name
Asda Stores Limited
Sector
retail
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No
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