Claimant v The Shaw Trust
Outcome
Individual claims
The respondent conceded that the claimant should have been entitled to one month's notice. The tribunal found the dismissal was in breach of contract and awarded compensation for notice pay.
To the same extent as the breach of contract regarding notice, there was an unlawful deduction from wages for which compensation was awarded. The claim for outstanding holiday pay under the Working Time Regulations was dismissed.
One complaint concerning failure to allow additional time for appointments with customers would have succeeded on its merits but was presented out of time. The other reasonable adjustment claims were dismissed.
The claim was dismissed on its merits. The tribunal found that the respondent had not indirectly discriminated against the claimant on grounds of disability.
The claim was dismissed on its merits. The tribunal found that any treatment was not unfavourable treatment arising from the claimant's disability.
The claim was dismissed on its merits. The tribunal found that the conduct complained of did not amount to harassment related to disability.
The claim was dismissed on its merits. The tribunal found that the claimant had not been subjected to victimisation for doing a protected act.
The claim was out of time and was also unsuccessful on its merits. The tribunal found no indirect discrimination on grounds of race.
The claim was out of time and was also unsuccessful on its merits. The tribunal found no indirect discrimination on grounds of religion.
The claim was out of time and was also unsuccessful on its merits. The tribunal found that the conduct complained of did not amount to harassment related to race.
The claim was out of time and was also unsuccessful on its merits. The tribunal found that the conduct complained of did not amount to harassment related to religion.
The claim for unlawful deduction from wages or breach of the Working Time Regulations 1998 in relation to outstanding holiday pay was dismissed by the tribunal.
Facts
The claimant, Ms Arizie, worked for the Shaw Trust, a charity. She was dismissed without proper notice and brought multiple claims including disability discrimination, race and religion discrimination, and breach of contract. The claimant represented herself while the respondent was represented by counsel. The hearing lasted 9 days by video.
Decision
The tribunal found that the dismissal was in breach of contract as the respondent conceded the claimant should have received one month's notice, awarding £1,507.60. All discrimination claims failed, though one reasonable adjustment claim (regarding additional time for customer appointments) would have succeeded but was out of time. The race and religion claims were also out of time.
Practical note
A claim that would succeed on its merits will still fail if presented out of time, emphasising the critical importance of observing limitation periods in employment tribunal claims.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2303098/2023
- Decision date
- 25 March 2025
- Hearing type
- full merits
- Hearing days
- 9
- Classification
- contested
Respondent
- Name
- The Shaw Trust
- Sector
- charity
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No