Claimant v 15405172 Limited (previously Gonbayy Limited)
Outcome
Individual claims
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.
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.
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.
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.
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
Legal authorities cited
Statutes
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