Case 2408746/2022 · Employment Tribunal
Miss S Molyneaux v Apprentify Limited — 2023
- Case reference
- 2408746/2022
- Decision date
- 3 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge McDonald Representation
Parties
2 namedClaimant
Miss S Molyneaux
Respondent
Key findings
Tribunal's reasoningAt the liability hearing on 28 September 2023 before Employment Judge McDonald, the tribunal found that Miss Molyneaux was a disabled person at the relevant times by reason of dyscalculia and anxiety and depression. It upheld her disability discrimination claim under s.15 Equality Act 2010 in relation to the allegation that she was treated unfavourably because she failed part 1 of her mock exam, but rejected the separate allegation based on not completing part 2 of the mock exam.
The tribunal also upheld the claim for failure to make reasonable adjustments under ss.20 and 21 Equality Act 2010, finding that it succeeded in relation to all the suggested reasonable adjustments. By contrast, the claim that she was automatically unfairly dismissed in breach of s.103A Employment Rights Act 1996 for making protected disclosures was dismissed.
The tribunal upheld the victimisation claim, finding that the dismissal was an act of unlawful victimisation in breach of s.27 and s.39(4)(c) Equality Act 2010. Remedy was reserved, and the parties were invited to make written submissions on remedy by 4 October 2023.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | The s.15 claim succeeded in relation to the allegation that the claimant was treated unfavourably because she failed part 1 of her mock exam, but failed in relation to the allegation based on not completing part 2 of her mock exam. | Upheld | Disability | — |
| Disability discrimination | The claim for failure to make reasonable adjustments under ss.20 and 21 Equality Act 2010 succeeded in relation to all the suggested reasonable adjustments. | Upheld | Disability | — |
| Whistleblowing | The automatic unfair dismissal claim under s.103A Employment Rights Act 1996, said to be for making protected disclosures, was dismissed. | Dismissed | — | — |
| Victimisation | The tribunal upheld the claim that the dismissal was an act of unlawful victimisation in breach of s.27 and s.39(4)(c) Equality Act 2010. | Upheld | Disability | — |
Legal tests applied
4 references- s.15 Equality Act 2010
- s.20 and s.21 Equality Act 2010
- s.103A Employment Rights Act 1996
- s.27 and s.39(4)(c) 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.
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.