Miss G Geoghegan v Ash Heaton Moor Ltd — 2024

The claimant, a stylist employed by the respondent salon from 2018, had a seizure in October 2022 and was subsequently diagnosed with a brain tumour; the parties agreed she was disabled by reason of her epilepsy at the relevant time. The Tribunal found that the respondent's refusal to allow her to resume work with her regular clients amounted to unfavourable treatment because of something arising in consequence of her disability and was not a proportionate means of achieving a legitimate aim, so that complaint under s.15 Equality Act 2010 succeeded. The further s.15 allegation concerning being restricted to a junior role, and the reasonable adjustments complaint relating to the GP fit-note PCP, were dismissed.

On unfair dismissal, the Tribunal found that the respondent's conduct amounted to a repudiatory breach of the implied term of trust and confidence, in response to which the claimant resigned, and accordingly she was constructively unfairly dismissed under s.95(1)(c) ERA 1996. A basic award was agreed at £3,472.80; no compensatory award was made because the losses that would otherwise have been compensated had already been addressed within the discrimination award.

For remedy on the discrimination claim, the Tribunal awarded £10,000 for injury to feelings with interest of £995.07, £8,192.05 for past financial loss with interest of £407.58, and £709.20 for future financial loss.