Claimant v Celestial Labs Ltd
Outcome
Individual claims
The Tribunal found the complaint of harassment related to disability well-founded and upheld the claim. The discriminatory act occurred on 21 September 2023. The Tribunal awarded compensation for injury to feelings and financial losses arising from this harassment.
The Tribunal dismissed the direct disability discrimination claim. Under section 212(1) of the Equality Act 2010, the same conduct cannot be both harassment and direct discrimination. Since the harassment allegation was made out, the direct discrimination claim could not succeed on the same facts.
Facts
Ms Prior brought claims of harassment related to disability and direct disability discrimination against her former employer Celestial Labs Ltd. The discriminatory act occurred on 21 September 2023. The claimant represented herself at a two-day hearing, while the respondent was represented by a solicitor. The claimant's net weekly pay was £548 and she suffered 13 weeks of financial loss.
Decision
The Tribunal upheld the harassment related to disability claim but dismissed the direct discrimination claim because the same conduct cannot be both harassment and direct discrimination under section 212(1) of the Equality Act 2010. The Tribunal awarded £10,000 for injury to feelings, £7,124 for past financial losses (13 weeks), and interest totalling £1,938, with the final award grossed up to £21,584.
Practical note
Where the same conduct could constitute both harassment and direct discrimination, a tribunal finding harassment proven will bar a finding of direct discrimination under section 212(1) Equality Act 2010.
Award breakdown
Vento band: lower
Legal authorities cited
Statutes
Case details
- Case number
- 1400262/2024
- Decision date
- 4 July 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No