Roberta Ghiotto v Hawkwell House Hotel Limited — 2025

The claimant was employed as a Talent and Culture Coordinator and had ADHD, which the respondent conceded was a disability at the relevant times. The tribunal found that the claimant's ADHD affected concentration, focus and time management, particularly in relation to administrative and payroll work, and that the respondent knew enough about her condition and its effects to be under the relevant Equality Act duties.

The tribunal found that the respondent applied a requirement to undertake payroll tasks without adjustments and failed to take reasonable steps including further training, support, specialist software, removing payroll duties, home working, a private place to work and additional time. It concluded that direct disability discrimination was made out because the claimant's disability was the reason for dismissal, and that dismissal was also because of something arising from disability.

On justification for discrimination arising from disability, the tribunal accepted that accurate payroll was a legitimate aim but found the dismissal was not proportionate. It noted the lack of a job description, limited training arrangements, the failure to make reasonable adjustments, and the decision to end the probationary period early. The claims before the final hearing were upheld and the parties were to be sent notice of a remedy hearing.