Case 2303550/2019 · Employment Tribunal
Ms J Goodway (Solicitor) For the v Mr K Davis (HR Consultant) — 2021
- Case reference
- 2303550/2019
- Decision date
- 16 August 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hyams-Parish Members
- Venue
- London South
- Panel members
- Ms K Omer, Ms A Sansome
Parties
2 namedClaimant
Ms J Goodway (Solicitor) For the
Respondent
Key findings
Tribunal's reasoningAt the London South hearing on 9-13 August 2021, the tribunal gave a unanimous judgment on Ms I Barakat's disability discrimination and dismissal claims against Alvis & Company (Accountants) Ltd. The direct disability discrimination claim under s.13 EQA failed. The claim for reasonable adjustments under s.20 EQA succeeded, as did the victimisation claim under s.27 EQA.
The tribunal also upheld the disability-related harassment claim under s.26 EQA, which concerned criticism of sickness absence and the way colleagues were approached. Two other harassment claims failed. The claims under s.15 EQA succeeded overall, but the allegation about a poor appraisal was dismissed.
The unfair dismissal and wrongful dismissal claims succeeded. The respondent's contract claim was dismissed. The extracted judgment record does not include a monetary award, and the written record states that written reasons would only be provided if requested.
Claims and outcomes
11 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 claim under s.13 EQA. | Dismissed | Disability | — |
| Disability discrimination | Failure to make reasonable adjustments claim under s.20 EQA, concerning working from home from time to time when required. | Upheld | Disability | — |
| Victimisation | Victimisation claim under s.27 EQA. | Upheld | Disability | — |
| Harassment | Disability-related harassment claim under s.26 EQA concerning criticism of sickness absence and lack of empathy toward colleagues. | Upheld | Disability | — |
| Harassment | One of the two remaining harassment claims. | Dismissed | Disability | — |
| Harassment | One of the two remaining harassment claims. | Dismissed | Disability | — |
| Disability discrimination |
Legal tests applied
5 references- s.13 EQA
- s.20 EQA
- s.27 EQA
- s.26 EQA
- s.15 EQA
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.