Cases3205466/2022

Claimant v Uniform 7 Limited

12 July 2024Before Employment Judge Andrew Clarke KCEast Londonin person

Outcome

Partly successful£3,810

Individual claims

Automatic Unfair Dismissalfailed

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.

Wrongful Dismissalsucceeded

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.

Direct Discrimination(disability)failed

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.

Discrimination Arising from Disability (s.15)(disability)failed

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.

Harassment(disability)partly succeeded

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

Injury to feelings£2,320
Notice pay£180

Vento band: lower

Legal authorities cited

Statutes

ERA 1996 s.100(1)(c)ERA 1996 s.100(1)(d)

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