Cases1305570/2024

Claimant v Coventry Rape and Sexual Abuse Centre

10 October 2025Before Employment Judge FloodBirminghamin person

Outcome

Partly successful

Individual claims

Unfair Dismissalsucceeded

The Tribunal found the claimant was unfairly dismissed contrary to section 94 of the Employment Rights Act. The dismissal was procedurally and substantively unfair. No Polkey reduction was applied, indicating the tribunal found the dismissal would not have occurred even with a fair procedure.

Direct Discrimination(sex)failed

The Tribunal found no evidence that the claimant was treated less favourably because of her sex. The complaint of direct sex discrimination under section 13 of the Equality Act 2010 was not well founded and was dismissed.

Direct Discrimination(age)failed

The Tribunal found no evidence that the claimant was treated less favourably because of her age. The complaint of direct age discrimination under section 13 of the Equality Act 2010 was not well founded and was dismissed.

Direct Discrimination(disability)succeeded

The Tribunal found the respondent dismissed the claimant because of something arising in consequence of her disability, in breach of section 15 of the Equality Act 2010. The respondent failed to show the treatment was a proportionate means of achieving a legitimate aim.

Failure to Make Reasonable Adjustments(disability)failed

The Tribunal found that the respondent did not fail to comply with its duty to make reasonable adjustments. The complaint under sections 20 and 21 of the Equality Act 2010 was not well founded and was dismissed.

Facts

Ms O'Connell was employed by Coventry Rape and Sexual Abuse Centre, a charity. She was dismissed and brought claims including unfair dismissal, disability discrimination under section 15 (something arising from disability), direct sex and age discrimination, and failure to make reasonable adjustments. The case was heard over five days in October 2025 before a full tribunal panel.

Decision

The Tribunal found the claimant was unfairly dismissed with no Polkey reduction and that she was discriminated against under section 15 of the Equality Act (something arising from disability). However, the claims of direct sex discrimination, direct age discrimination, and failure to make reasonable adjustments were dismissed. Remedy is to be determined at a further hearing.

Practical note

A charity dismissed an employee in circumstances amounting to both unfair dismissal and section 15 disability discrimination, but the tribunal found no failure to make reasonable adjustments and no direct discrimination on grounds of sex or age.

Legal authorities cited

Statutes

ERA 1996 s.94EqA 2010 s.21EqA 2010 s.13EqA 2010 s.15EqA 2010 s.20

Case details

Case number
1305570/2024
Decision date
10 October 2025
Hearing type
full merits
Hearing days
5
Classification
contested

Respondent

Sector
charity
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
Yes
Rep type
barrister