Case 2417251/2018 · Employment Tribunal
Ms L Fletcher v MBNA Limited — 2020
- Case reference
- 2417251/2018
- Decision date
- 21 January 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shotter
- Panel members
- Mrs A Ramsden, Mr P Gates
Parties
2 namedClaimant
Ms L Fletcher
Respondent
Key findings
Tribunal's reasoningThe Tribunal unanimously dismissed the claimant's direct disability discrimination complaint under section 13 of the Equality Act 2010 because that claim had been withdrawn. It upheld one section 15 disability discrimination complaint, finding unlawful discrimination arising from disability in relation to the respondent's failure to take out incoming calls for a period of two months.
The Tribunal dismissed the claimant's remaining section 15 complaints because they were not presented within the three-month time limit and it was not just and equitable to extend time. It also found that the respondent was in breach of its duty to make reasonable adjustments under sections 20 to 21 of the Equality Act 2010, and that those disability discrimination claims were well-founded.
On the employment claim, the Tribunal found that the claimant had been unfairly constructively dismissed and that the unfair dismissal claim was well-founded. The judgment records that the successful claims were to proceed to a remedy hearing, but also states that by agreement the respondent would pay £20,968 in settlement of the claimant's claims, subject to completion of a COT3 by ACAS.
Claims and outcomes
5 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Direct disability discrimination under section 13 of the Equality Act 2010; dismissed on withdrawal. | Withdrawn | Disability | — |
| Disability discrimination | Section 15 disability discrimination succeeded in respect of the respondent's failure to take out incoming calls for a period of two months. | Upheld | Disability | — |
| Disability discrimination | The remaining section 15 disability discrimination complaints were presented out of time and the Tribunal held that it was not just and equitable to extend the time limit. | Dismissed | Disability | — |
| Disability discrimination | The respondent was found in breach of its duty to make reasonable adjustments under sections 20 to 21 of the Equality Act 2010; the Tribunal said the disability discrimination claim was well-founded and that the breach amounted to a fundamental breach of contract. | Upheld | Disability | — |
| Unfair dismissal | The claimant was found to have been unfairly constructively dismissed and the unfair dismissal claim was well-founded. | Upheld | — | — |
Remedy
Monetary award- Total award
- £20,968
- across all upheld claims
Legal tests applied
5 references- s.13 Equality Act 2010
- s.15 Equality Act 2010
- ss.20 to 21 Equality Act 2010
- just and equitable to extend the time limit
- fundamental breach of contract
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.
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