Cases2501242/2024

Claimant v Cleveland Fire Authority

31 July 2025Before Employment Judge L RobertsonMiddlesbrough

Outcome

Partly successful

Individual claims

Unfair Dismissalsucceeded

The tribunal found the claimant's dismissal was unfair. The complaint was well-founded and the claimant succeeded on this claim, indicating the respondent failed to follow a fair procedure or did not have a fair reason for dismissal.

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

The tribunal found the claimant's dismissal constituted unfavourable treatment because of something arising in consequence of her disability. This claim succeeded, indicating the respondent could not objectively justify the dismissal as a proportionate means of achieving a legitimate aim.

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

The claimant brought an additional complaint of unfavourable treatment arising from disability which was not the dismissal itself. The tribunal found this remaining complaint was not well-founded and dismissed it, likely because the treatment was not unfavourable, not because of something arising from disability, or was justified.

Victimisationfailed

The tribunal found the victimisation complaint was not well-founded and dismissed it. This indicates the claimant could not establish she had done a protected act, was subjected to a detriment, or that the detriment was because of the protected act.

Facts

Ms Wilkinson was dismissed by Cleveland Fire Authority. She brought claims of unfair dismissal, disability discrimination (unfavourable treatment arising from disability), and victimisation. The case was heard over five days in June 2025 with a further day in July for deliberations. The claimant was represented by a lay representative while the respondent was represented by counsel.

Decision

The tribunal found the claimant was unfairly dismissed and that her dismissal constituted unlawful discrimination arising from disability under section 15 of the Equality Act 2010. However, the tribunal dismissed her additional claim of unfavourable treatment arising from disability and her victimisation claim. This appears to be a liability-only judgment with remedy to be determined at a future hearing.

Practical note

Public sector employers dismissing disabled employees must ensure the dismissal is procedurally fair and can objectively justify any unfavourable treatment arising from disability-related absences or conduct.

Case details

Case number
2501242/2024
Decision date
31 July 2025
Hearing type
full merits
Hearing days
5
Classification
contested

Respondent

Sector
public sector
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
lay rep