Case 2603029/2022 · Employment Tribunal
Miss Crette Berry v Anglian Water Services Ltd — 2023
- Case reference
- 2603029/2022
- Decision date
- 3 March 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge McTigue Members
- Venue
- Nottingham Heard
- Panel members
- Mr Akhtar, Miss Lowe
Parties
2 namedClaimant
Miss Crette Berry
Respondent
Key findings
Tribunal's reasoningThe respondent accepted that the claimant was disabled for the purposes of the Equality Act 2010. The tribunal found that the respondent had constructive knowledge of the claimant's endometriosis and menopause from 6 July 2022, and knowledge of anxiety and depression from later in the chronology, but the failure to make reasonable adjustments complaints were not well founded.
Most of the harassment allegations were dismissed. The tribunal found that the attendance support meeting on 22 September 2022 was not conducted as alleged and that the grievance outcome was not rejected for reasons related to disability.
The tribunal upheld harassment related to disability in respect of contact made on 5, 10 and 12 January 2023 about an attendance support meeting, during a period when the respondent knew the claimant was recovering from hysterectomy surgery. It found that the discriminatory conduct did not cause the claimant's resignation.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Harassment | Harassment related to disability succeeded only in respect of contact with the claimant while she was unwell on 5, 10 and 12 January 2023; the remaining harassment allegations were dismissed. | Upheld | Disability | £7,095 |
| Disability discrimination | Failure to make reasonable adjustments contrary to sections 20 and 21 of the Equality Act 2010 was dismissed; the claimant withdrew the PCP 3 aspect during the hearing. | Dismissed | Disability | — |
| Unfair dismissal | The claimant confirmed she was not advancing an unfair dismissal claim; the judgment states that a withdrawal judgment dismissing that complaint would be issued. | Withdrawn | — | — |
Remedy
Monetary award- Total award
- £7,095
- across all upheld claims
Legal tests applied
7 references- section 6 Equality Act 2010
- sections 20 and 21 Equality Act 2010
- paragraph 20 Schedule 8 Equality Act 2010
- section 26 Equality Act 2010
- Gestmin SGPS S.A. v Credit Suisse [2013] EWCA 3560
- Richmond Pharmacology v Dhaliwal [2009] IRLR 336
- Grant v HM Land Registry [2011] EWCA Civ 769
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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