Case 3201461/2022 · Employment Tribunal
Miss A. Wheatle v J D Wetherspoon plc — 2024
- Case reference
- 3201461/2022
- Decision date
- 9 July 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Massarella
- Venue
- East London Hearing Centre
- Panel members
- Miss J. Isherwood, Mr L. Purewal
Parties
2 namedClaimant
Miss A. Wheatle
Respondent
Key findings
Tribunal's reasoningThe Tribunal dismissed on withdrawal some claims of direct disability discrimination and discrimination arising from disability. It also dismissed one direct disability discrimination claim because it was outside the statutory time limits and the Tribunal lacked jurisdiction to determine it.
The Tribunal upheld one claim of failure to make reasonable adjustments, concerning the practice of requiring the Claimant to work shifts without the support of another manager or shift manager. The remaining claims of direct disability discrimination, discrimination arising from disability, indirect disability discrimination and failure to make reasonable adjustments were dismissed as not well-founded.
For the successful reasonable adjustments claim, the Tribunal awarded the Claimant GBP 14,300 for injury to feelings and GBP 3,175 interest. The judgment stated that the award related to pre-termination discrimination, so there was no liability for tax and no requirement for grossing up.
Claims and outcomes
4 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 | Claims of direct disability discrimination at Issue 3.1.2 and discrimination arising from disability at Issues 4.1.1 and 4.1.2 were dismissed on withdrawal. | Withdrawn | Disability | — |
| Disability discrimination | The claim of failure to make reasonable adjustments to the practice of requiring the Claimant to work shifts without the support of another manager or shift manager succeeded. | Upheld | Disability | £17,475 |
| Disability discrimination | The Tribunal lacked jurisdiction to determine the direct disability discrimination claim at Issue 3.1.1 because it was presented outside the statutory time limits, and it was dismissed. | Dismissed | Disability | — |
| Disability discrimination | All remaining claims of direct disability discrimination, discrimination arising from disability, indirect disability discrimination and failure to make reasonable adjustments were not well-founded and were dismissed. | Dismissed | Disability | — |
Remedy
Monetary award- Total award
- £17,475
- across all upheld claims
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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