Claimant v Cleveland Fire Authority
Outcome
Individual claims
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.
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.
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.
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