Case 2218580/2024 · Employment Tribunal
Ms A Barwinska v Christian Liaigre Limited (in corporate voluntary arrangement) — 2024
- Case reference
- 2218580/2024
- Decision date
- 15 October 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Nicklin Representation
Parties
2 namedClaimant
Ms A Barwinska
Key findings
Tribunal's reasoningThe Claimant, Ms A Barwinska, appeared in person at the London Central hearing on 27 September 2024. The Respondent did not attend or provide representation and had not filed an ET3. The tribunal also recorded the position of the joint supervisor of the Respondent's CVA, approved by creditors on 11 June 2020, that the supervisors were not responsible for claims against the Respondent after the date of approval of the CVA.
The tribunal held that the Claimant's constructive unfair dismissal claim was well-founded and succeeded. It also clarified that the disability discrimination complaint was not a section 15 Equality Act 2010 claim, but instead a complaint under section 21 for failure to make reasonable adjustments, based on the Respondent's requirement that the Claimant vary her contracted hours to 10am-6pm.
On that amended basis, the tribunal granted permission to amend the claim and found that the Respondent had failed to take such steps as were reasonable to avoid the substantial disadvantage to which the Claimant was put in comparison with a non-disabled employee. The reasonable-adjustments claim therefore succeeded.
The tribunal did not determine remedy at this hearing. It listed a separate remedy hearing for 11 November 2024 by CVP to decide remedy for the unfair dismissal and discrimination complaints, and also stated that the Claimant's complaint of breach of contract and unlawful deduction from wages, which had not been determined at the hearing, would be heard and decided at that remedy hearing.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The tribunal held that the Claimant's constructive unfair dismissal claim was well-founded and succeeded. | Upheld | — | — |
| Disability discrimination | The tribunal granted permission to amend the pleaded disability discrimination complaint to a section 21 Equality Act 2010 reasonable-adjustments claim on the same factual basis. It found that the Respondent failed to take such steps as were reasonable to avoid the substantial disadvantage arising from its requirement to vary the Claimant's contracted hours to 10am-6pm compared with a non-disabled employee. | Upheld | Disability | — |
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.
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