Case 1402442/2021 · Employment Tribunal
Mr R. O’Dair (Counsel) v Respondent — 2023
- Case reference
- 1402442/2021
- Decision date
- 18 May 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Smail
- Venue
- Exeter
- Panel members
- Mr K.J. Sleeth, Mr I Ley
Parties
1 namedClaimant
Mr R. O’Dair (Counsel)
Respondent
- —
Key findings
Tribunal's reasoningThe tribunal held that the Respondent subjected the Claimant to discrimination arising from disability contrary to section 15 of the Equality Act 2010. Its stated reason was that the Claimant was dismissed without the Respondent first commissioning an Occupational Health Report to assess the efficacy or otherwise of an 8-week mental health recovery course provided by a Secondary Mental Health Service, which she was part-way through at the time of dismissal.
For the same reason, the tribunal found that the Claimant had been unfairly dismissed. The judgment records that the unfair dismissal finding followed from the same factual and legal basis as the section 15 disability discrimination finding.
The claim of failure to make reasonable adjustments was dismissed. No further reasoning is set out in the short judgment for that dismissal.
The tribunal ordered the Respondent to pay the Claimant compensation, including interest, in the total sum of £12,863.32 by 19 May 2023.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Contrary to s.15 Equality Act 2010, the Respondent subjected the Claimant to discrimination arising from disability by dismissing her without commissioning an Occupational Health Report assessing the efficacy or otherwise of an 8-week mental health recovery course she was part-way through. | Upheld | Disability | — |
| Unfair dismissal | The tribunal held that, for the same reason, the Claimant was unfairly dismissed by the Respondent. | Upheld | — | — |
| Other | The claim of failure to make reasonable adjustments failed. The judgment does not identify the statutory section for this claim. | Dismissed | Disability | — |
Remedy
Monetary award- Total award
- £12,863
- across all upheld claims
Legal tests applied
2 references- s.15 Equality Act 2010
- s.98(4) ERA 1996
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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