Claimant v Sams Helping Hands Limited

The tribunal found that while the claimant had a broken wrist with substantial adverse effects, it was not a disability within the meaning of s.6 EqA 2010. The only evidence at the material time (6 December 2023) was that recovery would take up to six weeks, not twelve months. The claimant failed to establish the impairment was likely to be long-term.

The claim failed because the tribunal found the claimant did not have a disability at the material time, and the respondent did not have actual or constructive knowledge of any disability. Without establishing disability status, the duty to make reasonable adjustments did not arise.

The claimant alleged the respondent provided an adverse reference after she contacted ACAS. However, the tribunal found that the ACAS notification on 13 February 2024 concerned only unpaid holiday pay, not discrimination. As there was no protected act under s.27 EqA 2010, the victimisation claim failed.

The claimant argued she should have been paid for travel time between client appointments. The tribunal found there was no contractual obligation to pay travel time under the contract at page 44 of the bundle. The claimant had never been paid for travel time and raised no complaint until termination. The claim was dismissed.

Withdrawn by claimant after receiving outstanding statutory sick pay and one week's notice pay shortly before the hearing.

Withdrawn by claimant insofar as it related to unpaid statutory sick pay of £127, which was paid shortly before the hearing.