Case 2401931/2020 · Employment Tribunal
Ms S Johnson For the v Ms R Levene — 2021
- Case reference
- 2401931/2020
- Decision date
- 16 March 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Johnson Members
- Panel members
- Ms C Clover, Mr A Clarke
Parties
2 namedClaimant
Ms S Johnson For the
Respondent
Key findings
Tribunal's reasoningThe tribunal dismissed the claimant's unfair dismissal complaint as not well founded. No monetary award was made. The judgment records only that the unfair dismissal claim was unsuccessful; it does not set out any separate remedy analysis for that complaint.
The tribunal found that Mrs Bethwaite was disabled within the meaning of section 6(1) Equality Act 2010 at the material time, by reason of her back condition described as bulging discs and facet joint hypertrophy. It then considered her complaint of discrimination arising from disability under section 15 Equality Act 2010.
That section 15 complaint was dismissed. The tribunal accepted that the dismissal was by reason of sickness absence which arose in consequence of her disability, but held that the respondent's decision to dismiss was a proportionate means of achieving a legitimate aim. The written record states that the claim was unsuccessful and dismissed.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Recorded from the judgment. | Dismissed | — | — |
| Disability discrimination | The tribunal found the claimant was disabled within the meaning of section 6(1) Equality Act 2010 at the material time because of her back condition (bulging discs and facet joint hypertrophy). The section 15 claim failed because, although the dismissal was by reason of sickness absence arising in consequence of disability, the respondent's decision was a proportionate means of achieving a legitimate aim. | Dismissed | Disability | — |
Legal tests applied
3 references- s.6(1) Equality Act 2010
- s.15 Equality Act 2010
- proportionate means of achieving a legitimate aim
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.