Cases2413031/2023

Claimant v Capital Recruitment Group Limited

4 April 2025Before Employment Judge ShotterLiverpoolhybrid

Outcome

Claimant fails

Individual claims

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

The tribunal found that the claimant was not treated less favourably because of something arising in consequence of her disability when she was told she was 'let go'. The tribunal was not satisfied that the dismissal was related to her disability.

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

The tribunal found that the requirement not to return to work on phased breaks was not less favourable treatment because of something arising in consequence of her disability. The claim failed on the facts.

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

The tribunal found that while the claimant was treated less favourably because of something arising in consequence of her disability in relation to the requirement not to take additional breaks, this less favourable treatment was objectively justified as a proportionate means of achieving a legitimate aim.

Failure to Make Reasonable Adjustments(disability)failed

The tribunal found that the respondent was not in breach of its duty to make reasonable adjustments under sections 20-21 of the Equality Act 2010. The adjustments sought were either not reasonable or the duty did not arise.

Facts

Laura Jenkins brought disability discrimination claims against Capital Recruitment Group Limited. The claims related to her dismissal (being 'let go'), a requirement not to return to work on phased breaks, and a requirement not to take additional breaks. She also claimed the respondent failed to make reasonable adjustments for her disability.

Decision

The tribunal dismissed all claims. While the tribunal found discrimination arising from disability in relation to the requirement not to take additional breaks, this was objectively justified. The other section 15 claims failed on the facts, and the reasonable adjustments claim also failed.

Practical note

Even where less favourable treatment because of something arising from disability is established, employers can successfully defend claims under section 15 by demonstrating the treatment was objectively justified as a proportionate means of achieving a legitimate aim.

Legal authorities cited

Statutes

Equality Act 2010 s.15Equality Act 2010 s.20Equality Act 2010 s.21

Case details

Case number
2413031/2023
Decision date
4 April 2025
Hearing type
full merits
Hearing days
4
Classification
contested

Respondent

Sector
professional services
Represented
Yes
Rep type
lay rep

Claimant representation

Represented
No