Claimant v The Caffeine Club Ltd
Outcome
Individual claims
The tribunal found the respondent ceased providing shifts from 27 November 2023 and dismissed the claimant on 9 January 2024 because of her absence between 17-27 November 2023, which arose from her disability (mixed anxiety and depression). The burden of proof shifted to the respondent, who failed to provide any explanation or justification defence as they did not respond or attend the hearing.
The claimant contended her dismissal could constitute direct disability discrimination, but the tribunal determined the case on the basis of discrimination arising from disability under s15 and did not make a separate finding on direct discrimination.
Facts
Ms Chadburn worked as a barista from September 2023. She had mixed anxiety and depression diagnosed on 11 September 2023 and had suffered from mental health issues since age 15. On 17 November 2023 she had a breakdown during her shift and took three weeks agreed absence. When she indicated readiness to return on 27 November 2023, the respondent never provided her with any further shifts. On 9 January 2024 she was dismissed by Freya Smye, told she was 'not the right fit for the company'. The respondent failed to submit a response or attend the hearing.
Decision
The tribunal found Ms Chadburn was a disabled person within the meaning of s.6 Equality Act 2010. The respondent's failure to provide shifts from 27 November 2023 and subsequent dismissal constituted discrimination arising from disability under s.15, as these were unfavourable acts causally linked to her disability-related absence. The burden shifted to the respondent to justify its actions, which it failed to do. The tribunal awarded £26,059.05 including injury to feelings, lost wages, holiday pay and interest.
Practical note
Where a respondent fails to engage with tribunal proceedings, the burden of proof shifts to them under Igen v Wong, and their failure to provide any explanation for treatment connected to disability-related absence will result in a finding of discrimination arising from disability.
Award breakdown
Vento band: middle
Legal authorities cited
Statutes
Case details
- Case number
- 6001844/2024
- Decision date
- 30 October 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Role
- Barista
- Service
- 4 months
Claimant representation
- Represented
- No