Case 2410333/2019 · Employment Tribunal
Ms Tina Littler v Department for Work and Pensions — 2020
- Case reference
- 2410333/2019
- Decision date
- 31 December 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shotter
- Panel members
- Mr W Partington, Mrs Eyre
Parties
2 namedClaimant
Ms Tina Littler
Respondent
Key findings
Tribunal's reasoningThe Tribunal unanimously found that Ms Tina Littler was unfairly dismissed and that her unfair dismissal claim was well-founded. Remedy was adjourned, with the parties to provide written submissions on set off and a remedy hearing to be listed later.
Applying Polkey, the Tribunal found that if the respondent had carried out a fair procedure, the claimant would have been fairly dismissed on 11 March 2019, the effective date of termination.
The Tribunal found that the claimant was not disabled within section 6 of the Equality Act 2010. It extended time for the indirect sex discrimination complaint to 26 July 2019, but dismissed the indirect sex and disability discrimination claims under section 19 Equality Act 2010. It also dismissed the reasonable adjustments claim, finding that the respondent was not in breach of sections 20-21 Equality Act 2010.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claim was found well-founded, but remedy was adjourned. The Tribunal also found under Polkey that the claimant would have been fairly dismissed on 11 March 2019 had a fair procedure been followed. | Upheld | — | — |
| Sex discrimination | The indirect sex discrimination complaint under section 19 Equality Act 2010 was found out of time, but time was extended to 26 July 2019. The claim was then dismissed on the merits. | Dismissed | Sex | — |
| Disability discrimination | The claimant was found not to be disabled under section 6 Equality Act 2010. The indirect disability discrimination claim under section 19 Equality Act 2010 was dismissed. | Dismissed | Disability | — |
| Disability discrimination | The Tribunal found the respondent was not in breach of its duty to make reasonable adjustments under sections 20-21 Equality Act 2010. | Dismissed | Disability | — |
Legal tests applied
4 references- Polkey v AE Dayton Services Ltd [1987] ICR 42
- section 6 Equality Act 2010
- section 19 Equality Act 2010
- sections 20-21 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.
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