Cases3302807/2020

Claimant v WKCIC Group

22 January 2025Before Employment Judge S. MatthewsWatfordremote video

Outcome

Partly successful£24,215

Individual claims

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

The tribunal found that the respondent dismissed the claimant, which was discrimination arising from disability. The dismissal was unfavourably treatment because of something arising in consequence of the claimant's disability and was not a proportionate means of achieving a legitimate aim.

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

The tribunal found that dismissing the claimant without warning or process constituted discrimination arising from disability. This was unfavourable treatment connected to the claimant's disability and not justified.

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

The remaining complaints of discrimination arising from disability were not made out on the evidence. The tribunal was not satisfied that the other alleged acts constituted unfavourable treatment arising from disability or that they could not be justified.

Indirect Discrimination(disability)failed

The tribunal found that the respondent had not applied a provision, criterion or practice that put disabled persons at a particular disadvantage, or that the claimant could not establish the necessary elements of indirect discrimination.

Failure to Make Reasonable Adjustments(disability)failed

The tribunal was not satisfied that the respondent had knowledge of the claimant's disability and failed to make reasonable adjustments, or that any specific adjustments were required that were not made.

Victimisationfailed

The claimant could not establish that they had done a protected act or that any detriment was because of doing a protected act. The tribunal dismissed this claim.

Unfair Dismissalsucceeded

The tribunal found the dismissal was unfair as the respondent failed to follow any proper process, gave no warning, and did not have a fair reason for dismissal. The dismissal was procedurally and substantively unfair.

Failure to Inform & Consultwithdrawn

Withdrawn by claimant

Facts

The claimant, represented by her personal representative following her death, was employed by WKCIC Group. She was dismissed without warning or proper process. The claimant had a disability. A TUPE transfer was also involved in the background to the case. The claimant brought multiple claims including disability discrimination, unfair dismissal, and failure to inform and consult under TUPE.

Decision

The tribunal found that the dismissal itself and the manner of dismissal (without warning or process) constituted discrimination arising from disability under s.15 Equality Act 2010. The dismissal was also unfair under s.98 ERA 1996. The respondent failed to follow proper disciplinary procedures. Other claims for indirect discrimination, failure to make reasonable adjustments, and victimisation failed. A 10% ACAS uplift was applied.

Practical note

Dismissing a disabled employee without any process or warning can constitute both unfair dismissal and discrimination arising from disability, especially where the employer fails to justify the treatment as proportionate.

Award breakdown

Basic award£14,438
Compensatory award£576
Injury to feelings£7,000
Interest£3,189

Vento band: lower

Adjustments

ACAS uplift+10%

Respondent failed to follow ACAS Code on disciplinary procedures

Legal authorities cited

Statutes

Equality Act 2010 s.15Equality Act 2010 s.19Equality Act 2010 s.20-21Equality Act 2010 s.27Employment Rights Act 1996 s.98Transfer of Undertakings (Protection of Employment) Regulations 2006 reg.15

Case details

Case number
3302807/2020
Decision date
22 January 2025
Hearing type
full merits
Hearing days
3
Classification
contested

Respondent

Sector
other
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No