- IN PERSON FOR THE v - No Appearance — 2025

Employment Judge Cadney, sitting alone (no respondent appearance), found that the claimant - who suffered from depression and anxiety since the age of fifteen - was a disabled person within the meaning of s.6 Equality Act 2010 at the material times. The Tribunal upheld her claim of discrimination arising from disability (s.15 EqA 2010): the most natural inference from the facts was that the respondent decided not to provide the claimant with shifts after her three-week agreed absence (17-27 November 2023) and then dismissed her on 9 January 2024 because of that absence, which was something arising in consequence of disability. As the respondent had not entered a response or attended, no justification defence was established.

The claimant was awarded compensation totalling £26,059.05: loss of earnings £7,502.40, accrued holiday pay £806.51, injury to feelings £15,000 (lower end of the middle Vento bracket), interest on the injury-to-feelings award of £2,300 (8% per annum over 23 months), and interest on financial losses of £450.14. No ACAS uplift was awarded, the Judge finding the disciplinary/grievance process was not engaged by the discriminatory acts.