Cases1304206/2023

Claimant v Booker Limited

14 February 2025Before Employment Judge FaulknerMidlands Westhybrid

Outcome

Claimant fails

Individual claims

Direct Discrimination(disability)failed

The tribunal found that the Respondent did not exclude the Claimant from social activities up to and including September 2022 because of her disability. The claim related to alleged exclusion by Mr H Sheikh.

Direct Discrimination(disability)failed

The tribunal found that Miss J Newby's statements of 'we're all in the same boat' when the Claimant asked for help between March 2022 and May 2023 did not constitute direct discrimination because of disability.

Direct Discrimination(disability)failed

The tribunal found that refusing to let the Claimant text in when reporting lateness or absence from January 2023 to early March 2023 was not direct discrimination because of disability.

Direct Discrimination(disability)failed

The tribunal found that issuing the Claimant with a final written warning on 24 March 2023 was not direct discrimination because of disability.

Victimisationfailed

The tribunal found that failing to pay the Claimant sick pay correctly in or around April and May 2023 was not victimisation under the Equality Act 2010.

Victimisationfailed

The tribunal found that recording incorrect information on form SSP1 in or around April and May 2023 was not victimisation under the Equality Act 2010.

Victimisationfailed

The tribunal found that calling the police on 12 May 2023 was not an act of victimisation under the Equality Act 2010.

Indirect Discrimination(disability)failed

The tribunal found that the provision, criterion or practice requiring employees to telephone (rather than text) when late or absent did not constitute indirect discrimination against the Claimant because of disability.

Failure to Make Reasonable Adjustments(disability)failed

The tribunal found that the Respondent did not fail to make reasonable adjustments in relation to the PCP requiring employees to telephone when late or absent from work.

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

The tribunal found that refusing to allow the Claimant to text rather than telephone between January and early March 2023 was not discrimination arising from disability under section 15 of the Equality Act 2010.

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

The tribunal found that issuing the Claimant with a final written warning on 24 March 2023 was not discrimination arising from disability under section 15 of the Equality Act 2010.

Unlawful Deduction from Wagesfailed

The tribunal found that the complaint of unauthorised deductions from wages in connection with a bonus paid to the Claimant in May 2023 was not well-founded.

Facts

The Claimant, Miss Walker, brought multiple claims of disability discrimination and victimisation against her employer Booker Ltd, relating to events between March 2022 and May 2023. The allegations included exclusion from social activities, belittling comments, refusal to allow reporting absence by text rather than telephone, a final written warning, incorrect sick pay, and police being called. She also brought a claim for unauthorised deduction of wages relating to a bonus paid in May 2023.

Decision

The tribunal dismissed all of the Claimant's claims. The tribunal found that none of the alleged acts constituted direct disability discrimination, indirect discrimination, failure to make reasonable adjustments, discrimination arising from disability, or victimisation. The wages claim was also not well-founded.

Practical note

Multiple disability discrimination claims can fail where the tribunal is not satisfied that the alleged treatment was because of disability or that reasonable adjustments were not made.

Legal authorities cited

Statutes

Equality Act 2010 s.39

Case details

Case number
1304206/2023
Decision date
14 February 2025
Hearing type
full merits
Hearing days
5
Classification
contested

Respondent

Sector
retail
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No