Ms J Coppock v Footprint Freelance & Trades Ltd and 1 other — 2025

The claimant, a Freelance Director of the first respondent (a construction recruitment company), brought claims of disability discrimination (section 15 unfavourable treatment because of something arising in consequence of disability, sections 20/21 failure to make reasonable adjustments, section 27 victimisation, and discrimination by way of dismissal) together with a claim for unauthorised deductions from wages in respect of withheld commission. The relied-upon disabilities were PMDD and symptoms of perimenopause; disability status was conceded by the respondent. The claimant lacked the qualifying service for an ordinary unfair dismissal claim but contended that her constructive dismissal itself amounted to disability discrimination.

The tribunal, sitting as a panel of three (Employment Judge Eeley with Ms H D Price and Mr P Dobson), unanimously dismissed all five complaints as not well-founded. On the commission claim, the tribunal found that there was sufficient evidence to substantiate allegations that the claimant's conduct, taken separately or cumulatively, would have amounted to gross misconduct entitling the respondent to summary dismissal, and accordingly clause 5 of the commission agreement was properly invoked to withhold payment. The withholding was therefore authorised by the contract and did not constitute an unauthorised deduction from wages or a breach of contract.

In light of those findings the tribunal did not need to consider issues of time limits or limitation. The judgment was reserved following hearings in Manchester on 1-5 September and 8-9 December 2025, with deliberations in chambers 10-12 December 2025, approved on 30 January 2026 and sent to the parties on 10 March 2026.