Cases2300230/2023

Claimant v City & Essex Limited

11 April 2025Before Employment Judge CawthrayLondon Southremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalfailed

The tribunal found the dismissal was fair after hearing evidence over five days. The judgment states the complaint is not well-founded, indicating the respondent acted within the band of reasonable responses in dismissing the claimant.

Wrongful Dismissalfailed

The tribunal found the respondent was entitled to dismiss without notice pay. The claim relating to notice pay was not well-founded, suggesting the respondent had lawful grounds for summary dismissal or complied with contractual notice requirements.

Discrimination Arising from Disability (s.15)(disability)failed

The tribunal dismissed the complaints at issues 6.1.3 and 6.1.4 of unfavourable treatment because of something arising in consequence of disability, finding they were not well-founded after considering the evidence.

Discrimination Arising from Disability (s.15)(disability)withdrawn

The complaints at issues 6.1.1 and 6.1.2 relating to unfavourable treatment because of something arising in consequence of disability were withdrawn by the claimant during the hearing.

Failure to Make Reasonable Adjustments(disability)failed

The tribunal found no breach of the duty to make reasonable adjustments for the claimant's disability. The complaint was not well-founded, suggesting either no PCP was identified, no substantial disadvantage was shown, or adjustments were made or would not have been reasonable.

Victimisationfailed

The tribunal found the victimisation complaint was not well-founded, indicating that either no protected act was established or the respondent's treatment was not because of the protected act.

Facts

Ms. Pinto brought claims against City & Essex Limited including unfair dismissal, wrongful dismissal, disability discrimination (unfavourable treatment arising from disability and failure to make reasonable adjustments), and victimisation. The case was heard over five days by video in London South. Oral reasons were given at the hearing.

Decision

The tribunal dismissed all claims. The unfair and wrongful dismissal claims failed, indicating the dismissal was fair and lawful. The disability discrimination claims for unfavourable treatment and failure to make reasonable adjustments were not well-founded, and the victimisation claim also failed. Two disability discrimination complaints were withdrawn by the claimant during the hearing.

Practical note

A claimant with a disability who is dismissed must establish both that unfavourable treatment arose from disability and that reasonable adjustments were not made; where all claims fail after a full five-day hearing, the respondent successfully defended its dismissal and treatment of a disabled employee.

Case details

Case number
2300230/2023
Decision date
11 April 2025
Hearing type
full merits
Hearing days
5
Classification
contested

Respondent

Sector
other
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
Yes
Rep type
union