Claimant v P Poppy and others — 2021

Christine Doddington worked at The Sailor’s Home from 13 January 2012 until 13 January 2019. She was dismissed by a Facebook message sent on the evening of 13 January 2019 after being shouted at earlier that day over rolling a cigarette at the bar. The tribunal accepted her evidence, found that all three Poppy respondents were her employers, and found that Paul Poppy knew of her osteoarthritis from workplace discussions and time off for medical appointments.

The tribunal held that the dismissal was unfair. It found there had been no warning, no disciplinary process and no appeal, and it accepted that none of the matters raised after dismissal had been put to Ms Doddington before she was dismissed. It also found that there was no conduct warranting disciplinary action and no basis for a Polkey reduction or for contributory conduct to reduce compensation. A 25% uplift was applied for failure to follow the ACAS Code.

On disability discrimination, the tribunal held that the dismissal was affected by disability and that the claim succeeded. In its reasons it said the facts amounted to direct discrimination, indirect discrimination, discrimination arising from disability under s.15 Equality Act 2010, and a failure to make reasonable adjustments. It found that dismissal without any attempt to address the disability-related issues was not a proportionate means of achieving the respondents’ aim of keeping the business successful.

On remedy, the tribunal awarded notice pay of £1,960.00, holiday pay of £751.68, and £939.60 for failure to provide written particulars of employment under s.38 Employment Act 2002. For unfair dismissal it awarded a basic award of £2,466.45 and a compensatory award of £6,468.18. For disability discrimination it awarded £10,000 for injury to feelings plus £1,755.62 interest. The total award was £23,589.85 and the recoupment regulations applied.