Cases2219494/2024

Claimant v Wagamama Limited

18 September 2025Before Employment Judge WebsterLondon Central

Outcome

Claimant fails

Individual claims

Direct Discrimination(disability)failed

The tribunal found that the claimant had not established that she was treated less favourably because of her disability. The claims for direct disability discrimination were not upheld.

Indirect Discrimination(disability)failed

The tribunal determined that the claimant had not proven discrimination arising out of disability. The respondent's treatment of the claimant was not found to be because of something arising in consequence of her disability.

Harassment(disability)failed

The tribunal concluded that the alleged conduct did not amount to disability-related harassment. The claimant failed to establish that the respondent engaged in unwanted conduct related to disability that violated her dignity or created an intimidating, hostile, degrading, humiliating or offensive environment.

Failure to Make Reasonable Adjustments(disability)failed

The tribunal found that the respondent had not failed to make reasonable adjustments. The claimant did not establish that the respondent had a duty to make adjustments or that it failed to comply with any such duty.

Constructive Dismissalfailed

The claimant's claim that she resigned in response to an act of discrimination was not upheld. The tribunal did not find that the respondent's conduct amounted to a fundamental breach entitling her to resign or that her resignation was in response to discriminatory treatment.

Facts

Ms I Jermakian brought multiple disability discrimination claims against her former employer, Wagamama Limited, a hospitality company. She alleged direct disability discrimination, discrimination arising from disability, disability-related harassment, and failure to make reasonable adjustments. She also claimed that she resigned in response to discriminatory treatment. The case was heard over seven days at London Central Employment Tribunal, with the claimant representing herself and the respondent represented by counsel.

Decision

Employment Judge Webster dismissed all of the claimant's claims. The tribunal found that the claimant had not established direct disability discrimination, discrimination arising from disability, harassment, or failure to make reasonable adjustments. The tribunal also rejected her claim that she resigned in response to discriminatory conduct.

Practical note

A claimant appearing in person against a legally represented respondent faces significant challenges in establishing complex disability discrimination claims across multiple legal bases, particularly where factual findings do not support the allegations.

Case details

Case number
2219494/2024
Decision date
18 September 2025
Hearing type
full merits
Hearing days
7
Classification
contested

Respondent

Sector
hospitality
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No