Claimant v Hereford and Worcestershire Health and Care NHS Trust

The tribunal found that the claimant was unfairly dismissed. The reasons for this finding were given orally at the hearing and indicate the dismissal did not comply with the statutory fairness requirements under the Employment Rights Act 1996.

The tribunal found the claimant was wrongfully dismissed, meaning the dismissal was in breach of contract, likely involving failure to provide proper notice or follow contractual dismissal procedures.

The first respondent failed to make reasonable adjustments by not ensuring the claimant was accompanied at meetings where she needed support due to her disability. This constitutes a breach of the duty to make reasonable adjustments under the Equality Act 2010.

The second respondent discriminated against the claimant on 6 January 2023 by telling her he did not like her emotive language, that everyone was moaning at him regarding her, and that he was not interested. This was discrimination arising from something in consequence of her disability.

The claimant's dismissal itself was found to be a further act of discrimination arising from disability, meaning the dismissal was tainted by disability discrimination and constituted less favourable treatment because of something arising in consequence of her disability.