Claimant v Spider Ltd (in liquidation)
Outcome
Individual claims
The tribunal found that the claimant was unfairly dismissed by the respondent. The respondent did not attend to defend the claim. The tribunal awarded a compensatory award of £105,000, with the basic award having already been paid on dismissal.
The tribunal found that the respondent directly discriminated against the claimant on grounds of disability contrary to section 13 of the Equality Act 2010. This claim formed part of the injury to feelings award totalling £35,200.
The tribunal found that the respondent engaged in discrimination arising from disability contrary to section 15 of the Equality Act 2010. This claim formed part of the injury to feelings award totalling £35,200.
The tribunal found that the respondent failed to make reasonable adjustments contrary to sections 20 and 21 of the Equality Act 2010. This claim formed part of the injury to feelings award totalling £35,200.
The harassment claim was dismissed upon withdrawal by the claimant.
Facts
Mrs Dovey was employed by Spider Ltd and was dismissed. She had a disability and brought claims of unfair dismissal and various disability discrimination claims including direct discrimination, discrimination arising from disability, and failure to make reasonable adjustments. Spider Ltd went into liquidation and did not attend the hearing to defend the claims. A basic award had already been paid to the claimant on dismissal.
Decision
The tribunal found all claims succeeded except harassment which was withdrawn. The tribunal awarded £105,000 compensatory award for unfair dismissal and £35,200 injury to feelings for the combined disability discrimination claims. The respondent did not attend the hearing.
Practical note
Where a respondent company is in liquidation and does not attend, claimants can still succeed on all substantive claims and obtain substantial compensatory and injury to feelings awards, though enforcement may prove difficult.
Award breakdown
Vento band: upper
Legal authorities cited
Statutes
Case details
- Case number
- 2305316/2024
- Decision date
- 4 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- barrister