Case 2303449/2021 · Employment Tribunal
Miss T Martin v Wandsworth Council and 3 others — 2023
- Case reference
- 2303449/2021
- Decision date
- 2 November 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Reed
- Venue
- London South
- Panel members
- Ms Sansome, Mr Turley
Parties
5 namedClaimant
Miss T Martin
Key findings
Tribunal's reasoningThe tribunal unanimously upheld one complaint of indirect disability discrimination and one complaint of failure to make reasonable adjustments against the first and second respondents. The indirect discrimination finding concerned the application of the school's sickness policy to the claimant's medical appointments, so that those absences were treated as sickness absence and unpaid. The reasonable adjustments finding concerned the failure to take steps to continue the previous practice of paying the claimant for absence for specific medical appointments.
The tribunal dismissed the remaining indirect disability discrimination complaints and the remaining reasonable adjustments complaints. It also dismissed the complaints of direct disability discrimination, unfavourable treatment because of something arising in consequence of disability, harassment related to disability, and unfair dismissal. By the end of the judgment, all claims against the third and fourth respondents were dismissed.
Pursuant to the successful claims, the first and second respondents were jointly and severally liable to pay £5,000 for injury to feelings and £1,087.90 interest on compensation for past financial losses. The written judgment did not set out a separate basic award or a separately stated compensatory award.
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 | Indirect disability discrimination: application of the school's sickness policy to the claimant's medical appointments, which were categorised as sickness absence and unpaid. The tribunal also dismissed the remaining indirect disability discrimination complaints. | Upheld | Disability | — |
| Disability discrimination | Failure to make reasonable adjustments: failure to take steps to continue the previous practice of paying the claimant for absence for specific medical appointments. The tribunal also dismissed the remaining reasonable adjustments complaints. | Upheld | Disability | — |
| Disability discrimination | Direct disability discrimination. | Dismissed | Disability | — |
| Disability discrimination | Unfavourable treatment because of something arising in consequence of disability. | Dismissed | Disability | — |
| Harassment | Harassment related to disability. | Dismissed | Disability | — |
| Unfair dismissal | The tribunal found that the claimant was not unfairly dismissed. |
Remedy
Monetary award- Total award
- £6,088
- across all upheld claims
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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