Claimant v Lucinda Ellery Limited
Outcome
Individual claims
The tribunal found the complaint of unfair dismissal was not well-founded. The judgment does not provide detailed reasoning for this conclusion in the extract provided, but the claim was dismissed.
The tribunal found the complaint of unfavourable treatment because of something arising in consequence of disability was well-founded. The respondent treated the claimant unfavourably due to matters connected to her disability, which the tribunal determined was discriminatory under s.15 Equality Act 2010.
The tribunal found that the complaint based on PCP1, the application of the respondent's attendance and absence management policies to its employees, was well-founded and succeeded. However, the remaining complaints of failure to make reasonable adjustments for disability were not well-founded and were dismissed.
Facts
Emilia Solek was employed by Lucinda Ellery Limited and was dismissed. She brought claims for unfair dismissal and disability discrimination. The respondent applied attendance and absence management policies to the claimant. The claimant's disability was a factor in her treatment and the respondent's application of its policies.
Decision
The tribunal dismissed the unfair dismissal claim but found in favour of the claimant on her disability discrimination claims. The respondent unlawfully treated her unfavourably because of something arising from her disability and failed to make reasonable adjustments regarding its attendance policies. The claimant was awarded £14,586.34 in total compensation including injury to feelings and financial losses with interest.
Practical note
Employers must ensure attendance management policies are applied flexibly to disabled employees and failure to make reasonable adjustments in this context can lead to significant awards even where unfair dismissal claims fail.
Award breakdown
Vento band: lower
Award equivalent: 25.3 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 2216714/2024
- Decision date
- 10 September 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Salary band
- £30,000–£40,000
Claimant representation
- Represented
- Yes
- Rep type
- lay rep