Mrs J Endler v Mrs Victoria Henderson t/a The Spirit Group — 2023

The tribunal found that Mrs J Endler had a disability for Equality Act purposes, namely psoriasis, psoriatic arthritis and type 2 diabetes. It held that the respondent, Mrs Victoria Henderson t/a The Spirit Group, dismissed her because of something arising in consequence of her disability, and also failed to comply with the duty to make reasonable adjustments under sections 20 and 21 of the Equality Act 2010.

The tribunal further found that the claimant was treated unfavourably because of pregnancy by dismissal, and that the principal reason for dismissal was pregnancy. On that basis, the claim of discrimination because of pregnancy under section 18(2)(a) Equality Act 2010 succeeded, as did the claim of automatic unfair dismissal under section 99 Employment Rights Act 1996.

The tribunal also found that, when the claim was entered, the respondent was in breach of the duty to provide a statement of employment particulars under section 1 Employment Rights Act 1996, so section 38 of the Employment Act 2002 applied. It found a breach of contract in respect of notice and that annual leave due had not been paid.

On remedy, the respondent was ordered to pay £15,000 for injury to feelings, £6,484 for losses arising from the discrimination, and that discrimination award was increased by £432 because of the failure to provide written particulars. Interest was awarded in the sums of £1,805 on the injury to feelings award and £519 on the general damages. The respondent was also ordered to pay £108.06 for notice and £277.87 for annual leave, making the total monetary award £24,625.93.