Case 2304105/2018 · Employment Tribunal
Miss D Gibbons v Star Jerk Hut Ltd – R1 Mr R Stoddart – R2 — 2020
- Case reference
- 2304105/2018
- Decision date
- 4 March 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Wright
- Venue
- Croydon
- Panel members
- Mrs A Williams, Mr E Maw
Parties
2 namedClaimant
Miss D Gibbons
Key findings
Tribunal's reasoningThe tribunal accepted that the claimant had been diagnosed with arthritis, but it found that she was not a disabled person for the purposes of the Equality Act 2010. Although she said the condition affected standing, sitting, walking, lifting, climbing stairs and household tasks, the tribunal did not accept that evidence, noting that she was working two eight-hour shifts a week in a takeaway restaurant and that there was no medical evidence corroborating the level of difficulty she described. The tribunal also noted that the claimant repeatedly said in cross-examination that she was not disabled, and it found that the s.15 Equality Act claim failed because the statutory definition of disability was not met.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | The tribunal accepted that the claimant had arthritis, but found she was not a disabled person for Equality Act purposes because there was no substantial and adverse effect on her day-to-day activities. The s.15 Equality Act claim therefore failed. | Dismissed | Disability | — |
| Unfair dismissal | The tribunal found the claimant was not dismissed. It accepted Mr Stoddart's evidence that she voluntarily resigned on 1 August 2018 and worked until 31 August 2018. | Dismissed | — | — |
| Wrongful dismissal | The notice pay / wrongful dismissal claim failed because the tribunal found there was no dismissal. | Dismissed | — | — |
| Holiday pay | The tribunal found holiday pay had been paid in July 2018, supported by a payslip and bank statements. | Dismissed | — | — |
Legal tests applied
3 references- s.98(4) ERA 1996
- s.6 Equality Act 2010
- s.15 Equality Act 2010
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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