Case 1400032/2022 · Employment Tribunal

Miss K. Gardiner (Counsel) v Miss R. Jiggens (Just Reasonable Ltd) — 2023

Case reference: 1400032/2022
Decision date: 12 April 2023
Jurisdiction: England & Wales
Judge: Employment Judge Smail Appearances
Venue: Exeter

Indexed: 23 May 2026

Parties

2 named

Claimant

Miss K. Gardiner (Counsel)

Respondent

Miss R. Jiggens (Just Reasonable Ltd)

Key findings

Tribunal's reasoning

Miss Crew succeeded in her unfair dismissal claim: the tribunal found that she was procedurally unfairly dismissed by the respondent. However, it held that it was not just and equitable to award a compensatory award because there was a 100% chance that she would have been fairly dismissed anyway. The tribunal also found, in the alternative, that Miss Crew had contributed to her dismissal 100% by blameworthy conduct.

Miss Mason succeeded on disability discrimination findings arising from the disciplinary hearing. The tribunal found that the respondent failed to make a reasonable adjustment under section 20 of the Equality Act 2010 when it refused to allow her mother to act as a companion, and that the refusal had the unintended effect of harassing her under section 26 because it created a more intimidating environment.

All other claims brought by the claimants were dismissed. No monetary award was determined in this judgment, and the tribunal listed a further one-day hearing to deal with the respondent's wasted costs application and Miss Mason's claim for injury to feelings.

Claims and outcomes

4 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	Miss Crew was found to have been procedurally unfairly dismissed. The tribunal held that it was not just and equitable to award a compensatory award because there was a 100% chance she would have been fairly dismissed anyway, and alternatively found 100% contributory conduct by blameworthy conduct.	Upheld	—	—
Disability discrimination	The tribunal found a failure to make a reasonable adjustment under section 20 Equality Act 2010 when the respondent refused Miss Mason's mother to act as a companion at her disciplinary hearing.	Upheld	Disability	—
Harassment	The same refusal was found to have had the unintended effect of harassing Miss Mason under section 26 Equality Act 2010 by creating a more intimidating environment at the disciplinary hearing.	Upheld	Disability	—
Other	All other claims brought by the claimants were dismissed; the extracted text does not identify those claims individually.	Dismissed	—	—

Legal tests applied

2 references

Official outcome judgment PDF

Gov.uk primary record

The 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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