Claimant v WM Morrisons Supermarkets Limited
Outcome
Individual claims
The Tribunal found that the complaint of discrimination arising from disability under section 15 of the Equality Act 2010 was not well-founded. The claim did not succeed on the merits after a four-day hearing.
The Tribunal unanimously concluded that the complaint of unfair dismissal was not well-founded and did not succeed. The dismissal was found to be fair after full consideration of the evidence.
The Tribunal found the wrongful dismissal claim not well-founded. Despite the calculation showing the claimant was entitled to 9 weeks' notice but only received compensation for 2 weeks due to mitigation, the claim itself did not succeed.
Facts
Mrs Smith was employed by Morrisons Supermarkets for 9 complete years before her dismissal. She brought claims for disability discrimination under section 15 of the Equality Act 2010, unfair dismissal, and wrongful dismissal. She was entitled to 9 weeks' notice but found new employment and fully mitigated her loss after 2 weeks.
Decision
The Tribunal unanimously dismissed all three claims after a four-day hearing. The disability discrimination claim under section 15 EqA 2010 failed, the unfair dismissal claim was not well-founded, and the wrongful dismissal claim also did not succeed.
Practical note
Even where a claimant successfully mitigates their loss quickly after dismissal, this does not mean the dismissal itself was unfair or discriminatory if the employer followed proper procedures and had legitimate reasons.
Legal authorities cited
Statutes
Case details
- Case number
- 3201951/2023
- Decision date
- 10 October 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Employment details
- Service
- 9 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep