Cases2301904/2024

Claimant v Dr S Anand trading as Dentalessence

24 July 2025Before Employment Judge HeathLondon South

Outcome

Partly successful

Individual claims

Breach of Contractsucceeded

The tribunal found the claimant was entitled to 1 month's notice but was only given 2 weeks' notice. The respondent breached the contract of employment by failing to provide adequate notice or payment in lieu thereof.

Unfair Dismissalstruck out

The tribunal did not have jurisdiction to hear the unfair dismissal claim because the claimant did not have the requisite 2 years' continuous service required under s.108 Employment Rights Act 1996.

Direct Discrimination(disability)failed

The tribunal found the claim of direct disability discrimination was not well-founded and dismissed it. The respondent had not treated the claimant less favourably because of her disability.

Harassment(disability)failed

The tribunal found the disability-related harassment claim was not well-founded and dismissed it. The conduct complained of did not amount to unwanted conduct related to disability that violated the claimant's dignity or created an intimidating, hostile, degrading, humiliating or offensive environment.

Failure to Make Reasonable Adjustments(disability)failed

The tribunal found the claim for breach of duty to make reasonable adjustments was not well-founded and dismissed it. The respondent had not failed to make reasonable adjustments that would have alleviated the substantial disadvantage faced by the claimant.

Facts

Mrs Hills was employed by Dr Anand's dental practice for less than 2 years. She was dismissed with 2 weeks' notice when she was entitled to 1 month's notice. She brought claims including unfair dismissal and disability discrimination, alleging direct discrimination, harassment and failure to make reasonable adjustments related to her disability.

Decision

The tribunal found the claimant succeeded only in her claim for notice pay, being entitled to 2 additional weeks' payment. The unfair dismissal claim could not be heard due to insufficient qualifying service. All disability discrimination claims failed on their merits.

Practical note

Even when discrimination claims fail, claimants under 2 years' service can still succeed on contractual notice claims if the employer fails to provide the correct notice period.

Legal authorities cited

Statutes

ERA 1996 s.108

Case details

Case number
2301904/2024
Decision date
24 July 2025
Hearing type
full merits
Hearing days
4
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
lay rep

Claimant representation

Represented
Yes
Rep type
lay rep