Claimant v Wags and Whiskers Pet Hotel and Spa Ltd
Outcome
Individual claims
The claimant was discriminated against because of something arising in consequence of her disability when required to work 8 days in a row to make up for time lost due to disability-related ill-health. This was found to be unlawful at the liability hearing in May 2025.
The respondent failed to make a reasonable adjustment by refusing the claimant's request to take sick leave during the meeting on 30 January 2024. This refusal directly led to the claimant's resignation from her apprenticeship.
The claimant was harassed when told off for crying on the company's time and told she should stop upsetting everyone and get better. This conduct was related to her disability and created a hostile environment.
The claimant was harassed when refused sick leave in the meeting on 30 January 2024, which the tribunal found caused her to resign. The tribunal did not find evidence of a pre-existing decision to dismiss beyond this incident.
Facts
BN was an apprentice animal care assistant on a two-year apprenticeship starting November 2023. She has disability-related mental health issues. In January 2024 she was required to work 8 consecutive days to make up for disability-related absence, told off for crying on company time, told to get better, and refused sick leave in a meeting on 30 January 2024, causing her to resign. She subsequently attended college (September 2024-May 2025) to obtain an equivalent Level 2 qualification and worked part-time at a pub, returning to full-time work in June 2025.
Decision
This remedy hearing followed a liability judgment in May 2025 finding disability discrimination, failure to make reasonable adjustments, and harassment. The tribunal awarded £10,000 injury to feelings (top of lower Vento band) plus interest of £1323.84, and loss of earnings of £7361.27 plus interest £487.26, with a 50% Polkey reduction applied from June 2024. The hearing was adjourned regarding potential credit for LCWRA benefits pending further disclosure.
Practical note
Tribunals will find no failure to mitigate where a young claimant reasonably pursues alternative education to replace a lost apprenticeship qualification, even while also working part-time to reduce losses.
Award breakdown
Vento band: lower
Award equivalent: 88.5 weeks' gross pay
Adjustments
50% reduction applied from 30 June 2024 reflecting chance claimant would have resigned from apprenticeship or been fairly dismissed. Applied only to losses after that date.
Legal authorities cited
Statutes
Case details
- Case number
- 1401231/2024
- Decision date
- 25 September 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- animal care assistant
- Salary band
- Under £15,000
- Service
- 2 months
Claimant representation
- Represented
- Yes
- Rep type
- lay rep