Claimant v Watches of Switzerland Operations Limited
Outcome
Individual claims
The tribunal found that the claimant's dismissal amounted to discrimination arising from disability contrary to section 15 of the Equality Act 2010. The respondent dismissed the claimant for reasons which arose in consequence of his disability, and the dismissal was not shown to be a proportionate means of achieving a legitimate aim.
The tribunal determined that the respondent had not failed to make reasonable adjustments. The claimant did not establish that there were reasonable adjustments that should have been made which would have avoided the substantial disadvantage he faced.
Facts
Mr Chettouh was dismissed by Watches of Switzerland Operations Limited in March 2024. He brought claims for discrimination arising from disability and failure to make reasonable adjustments under the Equality Act 2010. The dismissal occurred in circumstances connected to the claimant's disability. He received Universal Credit after dismissal and the respondent paid notice pay.
Decision
The tribunal found that the claimant's dismissal was discrimination arising from disability contrary to section 15 of the Equality Act 2010, but his claim for failure to make reasonable adjustments failed. The tribunal awarded £24,800.36 comprising injury to feelings of £19,500 (middle Vento band), past financial loss with mitigation considerations, and interest on both heads of loss.
Practical note
Dismissal connected to disability can amount to section 15 discrimination even where no reasonable adjustments failure is established, and tribunals will limit future loss awards where claimants would likely have found alternative employment relatively quickly.
Award breakdown
Vento band: middle
Adjustments
75% reduction applied to future loss from June-August 2024 (claimant awarded only 25% of net loss for this period)
Legal authorities cited
Statutes
Case details
- Case number
- 2219545/2024
- Decision date
- 17 April 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- lay rep