Claimant v Swindon Borough Council
Outcome
Individual claims
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.
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.
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.
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
Legal authorities cited
Statutes
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