BN v Wags and Whiskers Pet Hotel and Spa Ltd — 2025

Following a May 2025 liability hearing, Employment Judge Dawson had found that the claimant was discriminated against because of something arising in consequence of her disability (being required to work eight days in a row) and that the respondent failed to make a reasonable adjustment by refusing her request to take sick leave during a meeting on 30 January 2024. Two harassment claims were also proved, relating to being told off for crying on company time and to the refusal of sick leave in that same meeting, which the tribunal found caused her resignation. The tribunal expressly did not find that a decision to dismiss had already been made before the meeting.

At this remedy hearing the tribunal awarded £10,000 for injury to feelings, placing the case within the lower Vento band, together with interest of £1,323.84 calculated at 8% over 604 days from 30 January 2024. Applying Essa v Laing Ltd, the judge held that losses flowing from the discriminatory acts were recoverable. The judge calculated loss of earnings on the basis that the claimant earned £211.20 per week (40 hours at £5.28), giving credit for her earnings at The Rosewood public house, and applied a previously determined 50% reduction from 30 June 2024 to reflect the chance the claimant would have left the apprenticeship in any event. The provisional financial loss figure was £7,361.27, with interest of £487.26.

The tribunal rejected the respondent's failure-to-mitigate arguments, finding the claimant had acted reasonably in returning to college to obtain an equivalent qualification and in working alongside her studies. No basic award was made as no unfair dismissal claim had been brought. The loss-of-earnings component was adjourned generally pending disclosure of LCWRA benefit documentation, with the case to be dismissed on withdrawal if neither party applies to reinstate within 35 days.