Cases8000695/2025

Claimant v Global Voices Limited

29 August 2025Before Employment Judge B CampbellScotlandin person

Outcome

Partly successful£3,409

Individual claims

Unfair Dismissalsucceeded

The tribunal found redundancy was the reason for dismissal but the process was unfair: the claimant was not consulted at a formative stage, was not given sufficient information to participate meaningfully, and was effectively told the decision was already made. However, applying the Polkey principle, the outcome would have been the same even with a fair process, so only a basic award was granted.

Discrimination Arising from Disability (s.15)(disability)succeeded

The claimant was unfavourably treated when told not to attend a client meeting on 1 November 2024 because of her disability-related absence. Although the respondent had a legitimate aim (protecting her recovery), the means were not proportionate — a brief discussion with the claimant about her capability to attend would have been more appropriate than a directive not to attend.

Harassment(disability)failed

The claimant perceived the email from Ms Speirs as violating her dignity, but the tribunal found it was not objectively reasonable for her to perceive it that way. The email was polite, diplomatic, and intended to support her, not to create an intimidating, hostile, degrading, humiliating or offensive environment. The tests under section 15 and section 26 are different, and this claim did not meet the threshold for harassment.

Facts

The claimant, Global Head of Governance & Quality, was diagnosed with cancer in June 2024 and took periods of illness absence. During restructuring in late 2024, the respondent proposed making her role redundant and offering her a different 'Head of New Technology' role focussed on business development without team management responsibilities. On 1 November 2024, while on sick leave, she was told not to attend a client video meeting despite her wish to do so. She declined the alternative role and was dismissed for redundancy on 22 April 2025 after 17 years' service.

Decision

The tribunal found the dismissal was for a genuine redundancy reason but procedurally unfair due to lack of early consultation and information sharing. However, applying Polkey, the outcome would have been the same, so only a basic award (less statutory redundancy already paid) was granted. The tribunal also found section 15 disability discrimination in the email directing the claimant not to attend the meeting, awarding £3,000 injury to feelings. The harassment claim failed as the claimant's perception was not objectively reasonable.

Practical note

Even well-intentioned protective measures during sickness absence can amount to disability discrimination if not proportionately implemented — employers should discuss capability and options with the employee rather than imposing restrictions.

Award breakdown

Basic award£409
Injury to feelings£3,000
Interest£1

Vento band: lower

Adjustments

Polkey reduction100%

The tribunal found that even had there been a fair redundancy process, the claimant would have been presented with the same options, made the same choice not to accept the alternative role, and been dismissed on the same date. Therefore no compensatory award was made.

Legal authorities cited

Williams v Trustees of Swansea University Pension Scheme [2018] UKSC 65Pemberton v Inwood [2018] ICR 1291Vento v Chief Constable of West Yorkshire Police [2003] ICR 318Polkey v A E Dayton Services Ltd [1988] ICR 142Williams v Compair Maxam [1982] ICR 156R v British Coal Corporation, ex parte Price [1994] IRLR 72De Bank Haycocks v ADP RPO UK Ltd [2023] EAT 129Basildon & Thurrock NHS Foundation Trust v Weerasinghe UKEAT/0397/14

Statutes

ERA 1996 s.94ERA 1996 s.98EqA 2010 s.26EqA 2010 s.15ERA 1996 s.139

Case details

Case number
8000695/2025
Decision date
29 August 2025
Hearing type
full merits
Hearing days
4
Classification
contested

Respondent

Sector
professional services
Represented
Yes
Rep type
barrister

Employment details

Role
Global Head of Governance & Quality / Head of EMEA and Governance
Service
17 years

Claimant representation

Represented
Yes
Rep type
solicitor