Claimant v Dr S Anand trading as Dentalessence
Outcome
Individual claims
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.
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.
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.
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.
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
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