Case 2202136/2022 · Employment Tribunal
Ms EH Benson Rhodes v Whitcomb & Shaftesbury (UK) Ltd London Central: in person on 24-25 and by CVP on 26-27 April 2023 — 2023
- Case reference
- 2202136/2022
- Decision date
- 27 April 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Nicolle Non-legal
- Panel members
- Mr T Cook, Ms D Keyms
Parties
2 namedClaimant
Ms EH Benson Rhodes
Key findings
Tribunal's reasoningThe tribunal, sitting with Employment Judge Nicolle and lay members Mr T Cook and Ms D Keyms, dismissed the claimant's claims of direct disability discrimination under s.13 Equality Act 2010, discrimination arising from disability under s.15, pregnancy and maternity discrimination under s.18, automatic unfair dismissal under s.99 ERA 1996, and detriment under s.47C ERA 1996. It upheld the ordinary unfair dismissal claim under s.94(1) ERA 1996.
The written record states that oral reasons were given on 27 April 2023. On remedy, the tribunal recorded that the claimant was awarded four weeks' pay for the period it would have taken to undertake a meaningful process of individual consultation, assessed the chance of the claimant remaining employed after such a process at 25%, and applied a 75% Polkey reduction to the compensatory award. The compensatory award was to be determined at a separate remedy hearing if not agreed between the parties.
Claims and outcomes
6 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Direct disability discrimination under s.13 Equality Act 2010. | Dismissed | Disability | — |
| Disability discrimination | Discrimination arising from a disability under s.15 Equality Act 2010. | Dismissed | Disability | — |
| Pregnancy and maternity discrimination | Pregnancy and maternity discrimination under s.18 Equality Act 2010. | Dismissed | Pregnancy and maternity | — |
| Unfair dismissal | Automatic unfair dismissal under s.99 ERA 1996. | Dismissed | — | — |
| Whistleblowing | Detrimental treatment under s.47C ERA 1996. | Dismissed | — | — |
| Unfair dismissal | Ordinary unfair dismissal under s.94(1) ERA 1996. | Upheld | — | — |
Legal tests applied
7 references- s.13 Equality Act 2010
- s.15 Equality Act 2010
- s.18 Equality Act 2010
- s.99 ERA 1996
- s.47C ERA 1996
- s.94(1) ERA 1996
- Polkey
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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