Cases1305236/2023

Claimant v Meir Heath Post Office Limited

15 January 2025Before Employment Judge GaskellBirminghamin person

Outcome

Claimant succeeds£4,376

Individual claims

Unfair Dismissalsucceeded

The tribunal found the dismissal was unfair. The respondent failed to follow a fair procedure and the decision to dismiss fell outside the range of reasonable responses available to a reasonable employer in the circumstances.

Direct Discrimination(disability)succeeded

The tribunal found the respondent treated the claimant unfavourably because of something arising from her disability contrary to Section 15 of the Equality Act 2010. The treatment was not justified and directly related to matters arising from her disability.

Facts

Ms Adams was employed by Meir Heath Post Office Limited and was dismissed. She suffered from a disability. The respondent dismissed her in circumstances that related to something arising from her disability and failed to follow a fair dismissal procedure.

Decision

The tribunal found the dismissal was unfair and that the respondent discriminated against the claimant under Section 15 of the Equality Act 2010 by treating her unfavourably because of something arising from her disability. She was awarded a basic award for unfair dismissal and compensation for injury to feelings but no compensatory award for financial loss.

Practical note

Employers must be careful not to dismiss employees for reasons arising from their disability without justification, and must follow fair procedures even where disability-related conduct issues arise.

Award breakdown

Basic award£926
Injury to feelings£3,450

Vento band: lower

Legal authorities cited

Statutes

Equality Act 2010 s.15

Case details

Case number
1305236/2023
Decision date
15 January 2025
Hearing type
full merits
Hearing days
2
Classification
contested

Respondent

Sector
retail
Represented
Yes
Rep type
in house

Employment details

Claimant representation

Represented
No