Case 1601288/2022 · Employment Tribunal
Mrs N Jaafri v Marks & Spencer plc HELD AT: Mold — 2024
- Case reference
- 1601288/2022
- Decision date
- 7 November 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge T. Vincent Ryan
- Panel members
- Ms C Peel, Mr B Roberts
Parties
2 namedClaimant
Mrs N Jaafri
Respondent
Key findings
Tribunal's reasoningThe tribunal dismissed the claimant's notice pay claim, pleaded as breach of contract or alternatively unauthorised deduction from wages, upon withdrawal. The judgment records that the respondent had honoured the claimant's entitlement to net notice pay.
The tribunal dismissed the unfair dismissal claim, finding that the claimant had been fairly dismissed by letter dated 19 August 2022 for a reason related to incapability by reference to her health. It also dismissed the direct race discrimination claim, the disability discrimination claims concerning reasonable adjustments, auxiliary aid and discrimination arising from disability, and the victimisation claim, while noting that the claimant had done a protected act by raising a written grievance on 26 October 2021.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Claim for notice pay was dismissed upon withdrawal after the respondent honoured the claimant's entitlement to net notice pay. | Withdrawn | — | — |
| Unlawful deduction from wages | Pleaded in the alternative to the notice pay claim and dismissed upon withdrawal after the respondent honoured the claimant's entitlement to net notice pay. | Withdrawn | — | — |
| Unfair dismissal | The tribunal found the claimant was fairly dismissed by letter dated 19 August 2022 for a reason related to incapability by reference to her health. | Dismissed | — | — |
| Race discrimination | Direct race discrimination claim failed and was dismissed. | Dismissed | Race | — |
| Disability discrimination | Claims of failure to make reasonable adjustments, failure to provide an auxiliary aid, and discrimination arising from disability failed and were dismissed. | Dismissed | Disability | — |
| Victimisation | The tribunal noted the claimant did a protected act when she raised a written grievance on 26 October 2021, but the victimisation claim failed and was dismissed. | Dismissed | — | — |
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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