Miss M Doran v Pearl Holdings NW Limited — 2021

Miss M Doran brought disability discrimination and holiday pay claims arising from her work as a sales assistant at the respondent's Nisa Local in Dukinfield. The respondent filed a late response and then took no part in the final hearing, but the tribunal still required the claimant to prove her case. It found that her hemiplegic migraines amounted to a disability under s.6 Equality Act 2010 because they had lasted more than 12 months and had substantial effects on vision, balance, speech, mobility, concentration and memory.

On 10 April 2021 the claimant suffered a migraine at work, asked to go home, and was kept at work in the stock room until a friend collected her. The tribunal held that the respondent should have made reasonable adjustments by allowing her to go home and by not requiring her to continue working during the attack, and so found a failure to comply with ss.20-21 Equality Act 2010. It also said the claimant did not have qualifying service for constructive unfair dismissal, so her resignation was considered within the discrimination claim rather than as a separate unfair dismissal issue.

After a fit note expired on 27 April 2021, the claimant said she was fit to return on restricted duties, but the respondent refused to guarantee hours or allow her back to work. The tribunal held that this was unfavourable treatment because of something arising in consequence of disability under s.15 Equality Act 2010 and that the respondent had not justified it. For remedy, the tribunal made one injury to feelings award of £12,000 in the middle Vento band for the combined discrimination, awarded £2,746.82 for loss of earnings after deducting benefits received, added £1,176.14 interest, and also awarded £76.00 for accrued but unpaid holiday pay, producing a total award of £15,998.96.