Claimant v GXO Logistics UK Limited
Outcome
Individual claims
The tribunal found that the complaint of automatic constructive unfair dismissal failed. The claimant did not establish the necessary elements for a constructive dismissal claim to succeed.
The tribunal found that the complaint of direct disability discrimination failed. The claimant was unable to prove that she was treated less favourably because of her disability compared to an actual or hypothetical comparator.
The tribunal found that the complaint of harassment related to disability succeeded in part. The tribunal accepted that some conduct by the respondent related to the claimant's disability and had the purpose or effect of violating her dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
Facts
Miss Tero brought claims against her former employer GXO Logistics UK Limited alleging automatic constructive unfair dismissal, direct disability discrimination, and harassment related to disability. The case was heard over four days by video hearing before a full tribunal panel.
Decision
The tribunal dismissed the claims of automatic constructive unfair dismissal and direct disability discrimination but found that the harassment related to disability claim succeeded in part. A remedy hearing has been postponed pending any reconsideration application by the respondent.
Practical note
A claimant may succeed on a harassment related to disability claim even where constructive dismissal and direct discrimination claims fail, indicating that different legal tests and evidence standards apply to each type of claim.
Case details
- Case number
- 3314948/2023
- Decision date
- 17 April 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No