Cases2402099/2024

Claimant v 15405172 Limited (previously Gonbayy Limited)

20 January 2025Before Employment Judge BensonLiverpoolremote video

Outcome

Partly successful£6,500

Individual claims

Direct Discrimination(disability)succeeded

The tribunal found that the claimant was dismissed because of her disability (ADHD and Autism). The respondent did not attend to defend the claim. The tribunal was satisfied that the dismissal amounted to direct disability discrimination.

Direct Discrimination(age)succeeded

The tribunal found that the claimant was subjected to direct age discrimination. The respondent did not attend to contest the claim. The tribunal accepted the claimant's evidence that age was a factor in the treatment she received.

Harassment(age)succeeded

The tribunal found that the claimant was subjected to harassment related to her age. The respondent's failure to attend meant the claimant's evidence was accepted on this point.

Failure to Make Reasonable Adjustments(disability)failed

The tribunal concluded that the respondent had not failed in its duty to make reasonable adjustments for the claimant's disabilities. The claim was not well founded and was dismissed.

Harassment(disability)failed

The tribunal found that the complaint of harassment related to disability was not made out on the evidence. The claim was not well founded and was dismissed.

Facts

Miss Li, who has ADHD and Autism, brought claims against her former employer 15405172 Limited (formerly Gonbayy Limited) alleging disability and age discrimination. She was dismissed and alleged this was because of her disabilities and age, and that she was harassed related to her age. The respondent did not attend the hearing. The tribunal accepted the claimant's evidence regarding her dismissal and the treatment she received.

Decision

The tribunal found that the claimant had been directly discriminated against because of her disability and age, and that she had been harassed related to her age. The tribunal dismissed her claims of failure to make reasonable adjustments and harassment related to disability. The respondent was ordered to pay £6,500 as compensation for injury to feelings.

Practical note

Employers who fail to defend discrimination claims risk default judgments, and tribunals will award compensation for injury to feelings even in relatively modest amounts when discrimination is established on uncontested evidence.

Award breakdown

Injury to feelings£6,500
Interest£1

Legal authorities cited

Statutes

Equality Act 2010

Case details

Case number
2402099/2024
Decision date
20 January 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No