Cases→6001058/2023

Claimant v DHL International (UK) Limited

28 April 2025Before Employment Judge T.R. SmithNottinghamin person

Outcome

Claimant succeeds

Individual claims

Unfair Dismissalsucceeded

The tribunal found the dismissal was unfair. Oral reasons were given at the hearing and the claim was well-founded.

Direct Discrimination(disability)succeeded

The tribunal declared that in dismissing the Claimant the Respondent unlawfully discriminated against her because of something arising from disability under section 15 of the Equality Act 2010.

Failure to Make Reasonable Adjustments(disability)partly succeeded

The tribunal found the Respondent discriminated by failing to make reasonable adjustments regarding its practice of requiring attendance at disciplinary meetings without advance provision of questions, under sections 20(3) and 21(2) of the Equality Act 2010. Other reasonable adjustment claims were dismissed.

Facts

The Claimant, who has a disability, was dismissed by DHL International (UK) Limited. The dismissal followed a disciplinary process in which the Respondent required employees to attend meetings without providing advance notice of the questions to be asked. The Claimant brought claims of unfair dismissal, discrimination arising from disability, and failure to make reasonable adjustments.

Decision

The tribunal found the dismissal was both unfair and constituted discrimination arising from disability under section 15 of the Equality Act 2010. The tribunal also found the Respondent failed to make reasonable adjustments by not providing advance notice of questions for disciplinary meetings, but dismissed other reasonable adjustment claims. This was a liability hearing with remedy to be determined separately.

Practical note

Employers must consider reasonable adjustments in disciplinary procedures for disabled employees, including providing advance notice of questions to be asked at disciplinary meetings where this would address a substantial disadvantage.

Legal authorities cited

Statutes

Equality Act 2010 s.15Equality Act 2010 s.20(3)Equality Act 2010 s.21(2)

Case details

Case number
6001058/2023
Decision date
28 April 2025
Hearing type
full merits
Hearing days
4
Classification
contested

Respondent

Name
DHL International (UK) Limited
Sector
logistics
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No
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