Miss J E Yorke v Samuel Smiths Old Brewery (Tadcaster) — 2022

At Leeds on 20, 21 and 22 July 2022, before Employment Judge S Shore with Ms J Lancaster and Mr K Lannaman, the tribunal unanimously found that Miss J E Yorke had been constructively unfairly dismissed by Samuel Smiths Old Brewery (Tadcaster). It also upheld her wrongful dismissal claim for failure to pay notice pay. The judgment recorded that there should be no deduction from compensation arising from contributory conduct or Polkey.

The tribunal dismissed the claims of direct disability discrimination under section 13 Equality Act 2010, failure to make reasonable adjustments under sections 20 and 21, harassment related to disability under section 26, and victimisation under section 27. On the discrimination issues, the tribunal therefore rejected the claimant's case in full.

The tribunal further found that the respondent had breached its duty to provide a written statement of employment particulars or of changes to those particulars, and recorded that there were no exceptional circumstances making the minimum section 38 Employment Act 2002 award unjust or inequitable. The extracted text does not state the cash amount of that award. It also records that terms of settlement on remedy had been agreed and met, and that the case would be dismissed upon withdrawal on 18 August 2022 unless either party sought relisting by 4:00pm on that date.