Case 3303332/2021 · Employment Tribunal
Miss J Mallinowski v STB Limited (trading as Surrey Translation Bureau) and 1 other — 2023
- Case reference
- 3303332/2021
- Decision date
- 25 January 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hutchings
- Venue
- Bury St Edmunds
- Panel members
- Mrs K Knapton, Ms K Omer
Parties
3 namedClaimant
Miss J Mallinowski
Key findings
Tribunal's reasoningMiss Mallinowski worked for STB Limited as an English to German translator from 1 April 2011 until her dismissal on 19 March 2021. The tribunal accepted that she has multiple sclerosis, which the respondents accepted was a disability under the Equality Act 2010. The case concerned unfair dismissal, direct disability discrimination, discrimination arising from disability, reasonable adjustments, harassment related to disability, and holiday pay.
The tribunal found that the dismissal was by reason of redundancy. It accepted STB's evidence that English to German translation work had fallen by 50%, that Miss Mallinowski was the only employee in that role, and that a pool of one was reasonable because the tribunal treated English to German and German to English translation roles as materially different in the way the business operated. It also found that consultation ran over more than three months, that STB explained the downturn and considered alternatives, and that the process fell within the range of reasonable responses under s.98(4) ERA 1996.