Claimant v Hilton Nursing Partners Ltd
Outcome
Individual claims
The tribunal found at the liability hearing on 12 September 2025 that the respondent discriminated against the claimant contrary to section 15 Equality Act 2010 by unfavourable treatment because of something arising in consequence of disability (migraine and anxiety/depression) by issuing a first written warning on 10 November 2023 and dismissing her on 11 December 2023.
Facts
The claimant was dismissed on 11 December 2023 (effective 18 December 2023) after being issued a first written warning on 10 November 2023. She suffered from migraines and depression/anxiety (long-standing conditions). After dismissal she found work with Royal Mail in January 2024 but resigned in March 2024 as the physical demands were incompatible with her disabilities and her mental health deteriorated. She was unable to job-search from March to November 2024 due to severe mental health impact of the discrimination. She secured new employment with Kent County Council in March 2025, starting work in July 2025 after pre-employment checks.
Decision
The tribunal awarded £52,795.13 comprising loss of earnings (£28,552.25), injury to feelings (£15,000 in lower middle Vento band), 10% ACAS uplift (£4,355.22) and interest (£4,887.66). The tribunal rejected arguments that Royal Mail employment broke the chain of causation, accepting it was unsuitable and the claimant's mental health difficulties continued as a result of the discrimination. No aggravated damages awarded.
Practical note
Interim employment that proves incompatible with a claimant's disability does not necessarily break the chain of causation in discrimination claims, particularly where the discrimination has exacerbated underlying mental health conditions affecting the claimant's ability to sustain alternative work.
Award breakdown
Vento band: middle
Award equivalent: 115.8 weeks' gross pay
Adjustments
Respondent breached ACAS Code by telling claimant there was no point appealing the first written warning and by failing to refer claimant to occupational health to investigate her health issues. Tribunal awarded 10% uplift.
Legal authorities cited
Statutes
Case details
- Case number
- 2302252/2024
- Decision date
- 12 September 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Salary band
- £20,000–£25,000
Claimant representation
- Represented
- Yes
- Rep type
- solicitor