Claimant v Red Rag Marketing Limited
Outcome
Individual claims
The tribunal found the claim under section 15 of the Equality Act 2010 well founded. Both respondents were held jointly and severally liable for treating the claimant unfavourably because of something arising in consequence of her disability, and the respondents failed to show the treatment was a proportionate means of achieving a legitimate aim.
The tribunal found the claim of direct disability discrimination under section 13 of the Equality Act 2010 not well founded. The tribunal was not satisfied that the claimant was treated less favourably because of her disability compared to an actual or hypothetical comparator in materially similar circumstances.
Facts
Mrs Henry brought disability discrimination claims against Red Rag Marketing Limited and Mr J Parker. The case was heard over three days by video hearing. The tribunal considered both direct disability discrimination and discrimination arising from disability claims.
Decision
The tribunal found the discrimination arising from disability claim succeeded, holding both respondents jointly and severally liable. However, the direct disability discrimination claim failed. The claimant was awarded £12,500 for injury to feelings plus interest of £1,695.89, totalling £14,195.89.
Practical note
Section 15 discrimination arising from disability claims can succeed even where direct disability discrimination fails, as they require different tests regarding causation and comparison.
Award breakdown
Vento band: middle
Legal authorities cited
Statutes
Case details
- Case number
- 3312437/2023
- Decision date
- 3 April 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep