Cases6000916/2024

Claimant v Swindon Borough Council

16 October 2025Before Employment Judge FergusonBristol

Outcome

Partly successful£4,507

Individual claims

Unfair Dismissalsucceeded

The tribunal found the dismissal was procedurally unfair. However, the claimant would have been fairly dismissed with proper notice following a fair procedure, with the effective termination date being 29 March 2025 rather than 15 February 2024. The unfair dismissal succeeded on procedural grounds but compensation was reduced to reflect the Polkey principle.

Discrimination Arising from Disability (s.15)(disability)failed

The tribunal found that the respondent's treatment of the claimant did not amount to unfavourable treatment because of something arising in consequence of disability, or that any such treatment was a proportionate means of achieving a legitimate aim. The claim was not well-founded and was dismissed.

Failure to Make Reasonable Adjustments(disability)failed

The tribunal found that the respondent had not failed to make reasonable adjustments for the claimant's disability. The claim was not well-founded and was dismissed.

Harassment(disability)failed

The tribunal found that the conduct complained of did not amount to harassment related to the claimant's disability. The claim was not well-founded and was dismissed.

Facts

Mrs Timmons was employed by Swindon Borough Council and was dismissed on 15 February 2024. She brought claims for unfair dismissal and disability discrimination (discrimination arising from disability, failure to make reasonable adjustments, and harassment). The tribunal heard evidence over four days in October 2025.

Decision

The tribunal found the dismissal was procedurally unfair but that the claimant would have been fairly dismissed with proper notice on 1 March 2025 (effective 29 March 2025). All disability discrimination claims failed. The claimant was awarded £4,507 in total (£1,929 basic award and £2,578 compensatory award) with recoupment regulations applying.

Practical note

A finding of unfair dismissal on procedural grounds can result in very limited compensation where the tribunal concludes the employee would inevitably have been fairly dismissed had proper procedures been followed (Polkey principle).

Award breakdown

Basic award£1,929
Compensatory award£2,578

Legal authorities cited

Statutes

Employment Rights Act 1996Equality Act 2010

Case details

Case number
6000916/2024
Decision date
16 October 2025
Hearing type
full merits
Hearing days
4
Classification
contested

Respondent

Sector
public sector
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No