A Garner v Thorpe Hall Leisure Limited — 2025

The Claimant, a commis chef, was dismissed on 18 August 2023 following an incident on 9 August 2023 and a disciplinary hearing. It was agreed that she was disabled by reason of anxiety, depression and PCOS at all material times, and that the Respondent knew or ought to have known this. The tribunal considered claims for discrimination arising from disability (s.15 EqA 2010) and failure to make reasonable adjustments (ss.20-21 EqA 2010); the claims for wrongful dismissal and for denial of the right to be accompanied under s.10 ERelA 1999 were withdrawn at the close of submissions and dismissed on withdrawal.

The tribunal found that the Claimant's conduct on 9 August and her abruptness at the disciplinary hearing on 18 August were contributed to by something arising from her disabilities, and that the Respondent was on notice that there might be an underlying or contributory cause for her behaviour. It held that it would have been a reasonable adjustment for the Respondent to have sought medical evidence before deciding to dismiss, with a reasonable prospect that this could have led to a different outcome. The Respondent's reliance on Gomez v GlaxoSmithKline Services was distinguished on its facts.

On remedy, applying the guidance in Abbey National plc v Chagger, the tribunal found an 80% chance the Respondent would still have dismissed the Claimant after considering medical evidence, and that obtaining a report and rearranging the hearing would have delayed dismissal by 5 to 7 weeks. Financial loss after mitigation was assessed at £1,107.76 (full loss for 7 weeks plus 20% of loss thereafter to 26 March 2024). Applying the April 2023 Vento bands and the guidance in O'Donoghue v Redcar & Cleveland Borough Council, injury to feelings was awarded at £11,000. Interest under the 1996 Regulations was added (£60.70 on financial loss and £1,287 on injury to feelings), producing a grand total award of £13,455.91.