Claimant v Thorpe Hall Leisure Limited

Withdrawn by the claimant at the end of closing submissions.

Claim under s.10 Employment Relations Act 1999 for failure to allow right to accompaniment was withdrawn by the claimant at the end of closing submissions.

The tribunal found that while the claimant's inability to control her anger on 9 August 2023 arose from her disabilities (anxiety, depression, PCOS), her failure to acknowledge the seriousness of the incident and deflection of responsibility during the disciplinary hearing did not arise from her disabilities. The respondent justified the dismissal as a proportionate means of achieving the legitimate aims of preserving its reputation and not tolerating unprofessional conduct, as no lesser sanction would ensure similar conduct would not recur.

The tribunal found that the respondent applied a PCP of terminating for conduct without seeking medical evidence. This put the claimant at a substantial disadvantage as her conduct on 9 August and her abruptness on 18 August were contributed to by her disabilities. The respondent was on notice that the claimant had recently returned from sick leave for mental health reasons and was on medication. It would have been a reasonable adjustment to seek medical evidence before dismissing her. The tribunal found an 80% chance the claimant would still have been dismissed even with the adjustment.