Case 1303175/2024 · Employment Tribunal
Mrs A U Wijatyk Babula v David Austin Roses Limited FINAL HEARING — 2026
- Case reference
- 1303175/2024
- Decision date
- 30 January 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Camp
- Venue
- Birmingham
- Panel members
- Mr SG Woodall, Mr J Sharma
Parties
2 namedClaimant
Mrs A U Wijatyk Babula
Respondent
Key findings
Tribunal's reasoningThe tribunal found that two of the Claimant's complaints succeeded and her other complaints failed. The successful complaints were a section 15 Equality Act 2010 complaint about the Respondent issuing a written warning on 13 December 2023 when no verbal warning had previously been issued, and a complaint of breach of the duty to make reasonable adjustments concerning a policy or practice of not automatically disregarding disability-related sickness absence when calculating an employee's Bradford Factor for absence management purposes.
The tribunal further found that there was no significant chance that, had she not resigned on 9 February 2024, the Claimant would have been fairly dismissed by the Respondent for misconduct because of what she wrote in an email exchange of 8 February 2024.
Compensation for discrimination was assessed at £6,000, consisting of damages for injury to feelings only. The Claimant was also awarded interest on that compensation at 8 percent per annum from 12 December 2023, totalling £1,026.37 as at 30 January 2026. Reasons were given orally at the hearing and written reasons will not be provided unless requested within 14 days.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Section 15 Equality Act 2010 complaint about issuing a written warning on 13 December 2023 when no verbal warning had previously been issued; succeeded. | Upheld | Disability | £6,000 |
| Disability discrimination | Breach of the duty to make reasonable adjustments regarding a policy or practice of not automatically disregarding disability-related sickness absence when calculating the Bradford Factor for absence management; succeeded. Compensation for discrimination assessed as a single £6,000 sum, not split between the two successful complaints. | Upheld | Disability | — |
| Other | The judgment states that all of the Claimant's other complaints fail but does not enumerate them in the extracted text. Specific claim types cannot be identified from the available text. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £7,026
- across all upheld claims
Legal tests applied
2 references- section 15 of the Equality Act 2010
- duty to make reasonable adjustments
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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