Claimant v Uniform 7 Limited
Outcome
Individual claims
The tribunal found that the claim for automatic unfair dismissal under s100(1)(c) and s100(1)(d) (health and safety detriment provisions) did not succeed. The specific reasons were given orally at the hearing but the claim failed on its merits after a full contested hearing.
The tribunal found the dismissal was wrongful, awarding one week's notice pay at £180 gross. This indicates the respondent failed to provide proper notice or pay in lieu of notice as contractually required.
The tribunal heard evidence on direct disability discrimination but found that the respondent did not treat the claimant less favourably because of her disability. The claim was dismissed after consideration of the evidence.
The tribunal found that the respondent's conduct did not amount to unfavourable treatment because of something arising in consequence of the claimant's disability, or alternatively that any such treatment was a proportionate means of achieving a legitimate aim.
The tribunal found that queries raised on 28 June 2022 about a communication barrier constituted unwanted conduct related to the claimant's autism which had the reasonable effect of creating a humiliating environment. However, the claim only succeeded in respect of this specific part of the alleged conduct on that date.
Facts
Ms Olley, who has autism, worked for Uniform 7 Limited on a weekly wage of £180. On 28 June 2022, queries were raised about a communication barrier related to her autism which created a humiliating environment. The employment relationship ended without proper notice being given. The claimant brought claims for automatic unfair dismissal under health and safety provisions, wrongful dismissal, disability discrimination and harassment.
Decision
The tribunal dismissed the automatic unfair dismissal and disability discrimination claims but found the dismissal was wrongful and awarded one week's notice pay. The harassment claim partly succeeded in relation to specific queries about communication barriers on 28 June 2022 which related to the claimant's autism and created a humiliating environment. Total compensation awarded was £3,810.40.
Practical note
Questions about communication barriers relating to autism can constitute harassment even when other disability discrimination claims fail, particularly where they have the effect of creating a humiliating environment for the employee.
Award breakdown
Vento band: lower
Legal authorities cited
Statutes
Case details
- Case number
- 3205466/2022
- Decision date
- 12 July 2024
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- barrister