Claimant v The Entertainer (Amersham) Limited
Outcome
Individual claims
The tribunal found that the claimant's mental impairment of Generalised Anxiety Disorder was not a disability pursuant to s.6 of the Equality Act 2010. Without establishing disability status, the discrimination claim could not succeed.
The tribunal dismissed this claim, finding that since the claimant's Generalised Anxiety Disorder was not a disability under the Equality Act 2010, there could be no discrimination arising from disability.
The tribunal dismissed this claim as the claimant was not found to be disabled within the meaning of the Equality Act 2010, so no duty to make reasonable adjustments arose.
The tribunal found the claimant was unfairly dismissed, though the compensatory award was limited to 9 weeks and reduced by 75% for contributory fault, indicating the claimant's conduct contributed substantially to the dismissal.
The tribunal found the claimant was wrongfully dismissed, indicating the respondent breached the contract of employment, likely by failing to provide proper notice or pay in lieu.
Facts
The claimant, who suffered from Generalised Anxiety Disorder, brought claims for disability discrimination, discrimination arising from disability, failure to make reasonable adjustments, unfair dismissal, and wrongful dismissal against his former employer, a toy retailer. The case was heard over five days before a full tribunal panel, with the claimant representing himself and the respondent represented by counsel. The tribunal found the claimant's anxiety disorder did not meet the statutory definition of disability.
Decision
The tribunal dismissed all disability-related claims, finding the claimant was not disabled within the meaning of the Equality Act 2010. However, the tribunal found the claimant was both unfairly and wrongfully dismissed. The compensatory award for unfair dismissal was limited to 9 weeks and reduced by 75% for contributory fault. Following the liability decision, the parties agreed a settlement of £1,000.
Practical note
A diagnosis of Generalised Anxiety Disorder does not automatically establish disability status under the Equality Act 2010; substantial contributory fault (75%) can dramatically reduce unfair dismissal compensation even where dismissal is found to be procedurally unfair.
Award breakdown
Adjustments
The tribunal found significant contributory fault by the claimant, reducing any unfair dismissal award by 75%.
Legal authorities cited
Statutes
Case details
- Case number
- 2412234/2023
- Decision date
- 17 April 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No