Case 1310822/2022 · Employment Tribunal
Mrs J Wisniewska v DHL Services Limited — 2025
- Case reference
- 1310822/2022
- Decision date
- 10 January 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Faulkner
- Venue
- Midlands West
- Panel members
- Mrs D Hill, Mr K Palmer
Parties
2 namedClaimant
Mrs J Wisniewska
Respondent
Key findings
Tribunal's reasoningThe Tribunal dismissed the Claimant's disability discrimination complaints. It found that the Respondent did not fail to make reasonable adjustments in relation to assistance with lifting, scanning-only work, an electric pump truck, or redeployment to a role not requiring heavy lifting. It also found that the reasonable adjustments complaint was out of time and that it had no jurisdiction to hear it.
The Tribunal found that the Respondent did not directly discriminate against the Claimant because of disability by sending her home and/or refusing to allow her to continue working on 4 October 2021. It also found that the discrimination arising from disability complaint about the same matter failed because the Respondent's action was a proportionate means of achieving a legitimate aim. Both complaints were also found to be out of time and outside the Tribunal's jurisdiction.
The Tribunal found that the Claimant's complaint about being refused the right to paid annual leave from 22 September 2022 to 3 October 2022 was not well-founded. It also found that the complaint of unauthorised deductions from wages for some or all of the period between 4 October 2021 and 18 December 2022 was not well-founded. All complaints were dismissed.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Failure to make reasonable adjustments complaint under section 39 Equality Act 2010 was dismissed; the Tribunal also found it was out of time and that it had no jurisdiction to hear it. | Dismissed | Disability | — |
| Disability discrimination | Direct disability discrimination complaint concerning sending the Claimant home and/or refusing to allow her to continue working on 4 October 2021 was dismissed; the Tribunal also found it was out of time and that it had no jurisdiction to hear it. | Dismissed | Disability | — |
| Disability discrimination | Discrimination arising from disability complaint concerning sending the Claimant home and/or refusing to allow her to continue working on 4 October 2021 was dismissed because the act was found to be a proportionate means of achieving a legitimate aim; the Tribunal also found it was out of time and that it had no jurisdiction to hear it. | Dismissed | Disability | — |
| Holiday pay | Complaint that the Respondent refused to permit the Claimant to exercise her right to paid annual leave under regulation 13 or 13A of the Working Time Regulations 1998 for 22 September 2022 to 3 October 2022 was not well-founded. | Dismissed | — | — |
| Unlawful deduction from wages | Complaint of unauthorised deductions from wages for some or all of the period between 4 October 2021 and 18 December 2022 was not well-founded. | Dismissed |
Legal tests applied
5 references- section 39 Equality Act 2010
- statutory time limit
- just and equitable
- proportionate means of achieving a legitimate aim
- regulation 13 or 13A Working Time Regulations 1998
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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