Member W Canning Tribunal Member P Fallow Ms W Ciesielska v Limited (in Liquidation) — 2023

The tribunal found that the claimant had a physical impairment from a shoulder injury, with persistent pain and restricted movement affecting ordinary daily activities. By 28 June 2022 the substantial adverse effects had lasted 12 months, so the claimant was disabled for Equality Act purposes. The respondent knew, or ought reasonably to have known, of the disability given its awareness of the injury, ongoing pain, absence from work, and pending surgery.

The tribunal rejected the respondent's account that the claimant was dismissed because of alleged conduct during a telephone call or because she had lied. It accepted that the claimant was dismissed because she required a lengthy absence for shoulder surgery and the respondent did not want her to remain employed during that period. That absence arose from the requirement for surgery, which arose from the claimant's disability. No justification defence was advanced, so the s.15 complaint succeeded.

The direct discrimination complaint was dismissed. The tribunal found the reason for dismissal was something arising from disability, namely absence, rather than disability itself. On remedy, the tribunal made no award for financial loss because the claimant had not shown loss beyond the benefits received, but awarded £10,000 for injury to feelings plus £727.67 interest.