Cases3302632/2024

Claimant v Advanced Plastic Technology Limited

14 May 2025Before Employment Judge G ElliottWatfordremote video

Outcome

Partly successful£27,097

Individual claims

Discrimination Arising from Disability (s.15)(disability)partly succeeded

The tribunal found that unfavourable treatment arising from something in consequence of disability occurred on 9 October 2023 when Mr Todd summarily dismissed the claimant during a meeting, and again on 3 November 2023 when she was formally dismissed. However, other complaints of unfavourable treatment because of something arising in consequence of disability were not established.

Failure to Make Reasonable Adjustments(disability)failed

The tribunal concluded that the respondent did not fail to make reasonable adjustments for the claimant's disability. The specific nature of the adjustments sought and the reasons for rejecting the claim are not detailed in the judgment summary.

Facts

Ms De Castro was employed by Advanced Plastic Technology Limited. On 9 October 2023, she had a meeting with Mr Todd during which she says she was summarily dismissed. She was formally dismissed on 3 November 2023. The claimant brought claims of disability discrimination for unfavourable treatment arising from disability and failure to make reasonable adjustments.

Decision

The tribunal found that the claimant succeeded in part on her claim of unfavourable treatment arising from disability in relation to the 9 October 2023 meeting and the dismissal on 3 November 2023. However, her other discrimination complaints and her reasonable adjustments claim failed. She was awarded £27,096.94 including compensation for lost wages, pension contributions, expenses, injury to feelings, and interest.

Practical note

Employers must ensure that decisions to dismiss disabled employees are not based on unfavourable treatment arising from the consequences of their disability, even when other reasonable adjustment claims may fail.

Award breakdown

Injury to feelings£11,200
Pension loss£420
Interest£2,353

Vento band: lower

Legal authorities cited

Statutes

Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996

Case details

Case number
3302632/2024
Decision date
14 May 2025
Hearing type
full merits
Hearing days
3
Classification
contested

Respondent

Sector
manufacturing
Represented
Yes
Rep type
lay rep

Claimant representation

Represented
Yes
Rep type
lay rep