Case 1804630/2020 · Employment Tribunal
Miss Lindsay Smith v SHARE Multi-Academy Trust — 2021
- Case reference
- 1804630/2020
- Decision date
- 21 April 2021
- Jurisdiction
- England & Wales
- Panel members
- Mr D Pugh, Ms Hiser
Parties
2 namedClaimant
Miss Lindsay Smith
Respondent
Key findings
Tribunal's reasoningThe tribunal found that Miss Lindsay Smith was unfairly dismissed by SHARE Multi-Academy Trust. However, it also found that had the respondent adopted a fair procedure, she would still have been dismissed. On that basis, the tribunal made no compensatory award for unfair dismissal and ordered only a basic award of £349.89.
The tribunal also upheld Ms Smith's disability discrimination claim. It found that the respondent unlawfully discriminated against her as a disabled person by suggesting that she consider resigning and by wrongly stating in a referral to occupational health advisers that part-time work could not be accommodated. The tribunal found that this was unfavourable treatment because of her inability to return to work at that time and that the treatment arose from her disability. It further found that the treatment was not justified.
On remedy for the discrimination claim, the tribunal held that it was just and equitable for the claim to be brought within a further period of five months. It awarded £10,100 in respect of the discrimination claim, made up of £9,100 for injury to feelings and £1,000 interest. Taken together with the basic award for unfair dismissal, the total award was £10,449.89.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held that the claimant was unfairly dismissed, but also found that even with a fair procedure she would have been dismissed. It therefore made a basic award only and no compensatory award. | Upheld | — | £350 |
| Disability discrimination | The tribunal upheld the disability discrimination claim, finding unfavourable treatment in suggesting the claimant consider resigning and in stating in an occupational health referral that part-time work could not be accommodated. It found the treatment arose from the claimant's inability to return to work at that time, arose from her disability, and was not justified. The tribunal also held it was just and equitable to extend time by five months. | Upheld | Disability | £10,100 |
Remedy
Monetary award- Total award
- £10,450
- across all upheld claims
- Basic award
- £350
- statutory, unfair dismissal
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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