Cases2307116/2023

Claimant v Care Outlook Limited

19 June 2025Before Employment Judge Rice-BirchallLondon Southremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalfailed

The tribunal found the claimant was fairly dismissed. The dismissal fell within the band of reasonable responses and followed a fair procedure.

Direct Discrimination(disability)failed

The tribunal concluded there was no direct disability discrimination. The treatment was not because of the claimant's disability and a hypothetical non-disabled comparator would have been treated the same way.

Failure to Make Reasonable Adjustments(disability)failed

The tribunal found no failure to make reasonable adjustments. Either the respondent made appropriate adjustments or was not required to make the adjustments claimed.

Facts

Mrs Ellis brought claims against Care Outlook Limited, a healthcare company, alleging unfair dismissal and disability discrimination. The case was heard over five days by video hearing. Mrs Ellis was represented by her daughter, Ms Mavour, while the respondent was represented by a solicitor, Mr Katz. The tribunal heard evidence and submissions on all three claims.

Decision

The tribunal dismissed all three claims. The tribunal found the dismissal was fair and fell within the band of reasonable responses. There was no direct disability discrimination as the treatment was not because of disability. The respondent either made reasonable adjustments or was not required to make them.

Practical note

A dismissal can be fair even where a disabled employee alleges discriminatory treatment, provided the employer follows fair procedures and the decision falls within the range of reasonable responses.

Case details

Case number
2307116/2023
Decision date
19 June 2025
Hearing type
full merits
Hearing days
5
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
Yes
Rep type
lay rep