Case 6017336/2024 · Employment Tribunal
Monika Dilniak v Whitbread Group plc AT A PUBLIC PRELIMINARY HEARING — 2025
- Case reference
- 6017336/2024
- Decision date
- 19 September 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Lancaster Representation
- Venue
- Leeds
Parties
2 namedClaimant
Monika Dilniak
Key findings
Tribunal's reasoningThe claimant brought a disability discrimination complaint arising from an alleged failure to make reasonable adjustments, alternatively a refusal to allow her to return to work. The tribunal considered which ACAS early conciliation certificate was operative and found that the first certificate related to the same matter as the later claim.
The tribunal found that time expired on 17 June 2024 and that the claim presented on 4 November 2024 was about four and a half months out of time. It nevertheless concluded that it was just and equitable to extend time under section 123(2)(b) of the Equality Act 2010.
In reaching that conclusion, the tribunal took account of the claimant's reliance on her trade union representative, the absence of forensic disadvantage to the respondent, the claimant's disability and limited earning capacity, and her arguable case that she had lost income because of delay in implementing reasonable adjustments.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Public preliminary hearing decision on limitation only. The tribunal found the claim was out of time but allowed it to proceed under section 123(2)(b) of the Equality Act 2010; the merits of the reasonable adjustments complaint were not determined. | Other | Disability | — |
Legal tests applied
10 references- section 123(2)(b) Equality Act 2010
- section 123(3)(a) Equality Act 2010
- sections 123(3)(b) and 123(4) Equality Act 2010
- section 18A(1) Employment Tribunals Act 1996
- The Commissioners of HM Revenue and Customs v Serra Garau [2017] ICR 1121
- Science Warehouse Ltd v Mills [2015] 10 WLUK 251
- Compass Group UK & Ireland v Morgan [2017] ICR 73
- Abertawe Bro Morgannwg University Local Health Board v Morgan [2018] ICR 1194
- Miller and ors v Ministry of Justice and ors EAT 0003/15
- Jones v Secretary of State for Health and Social Care 2024 EAT 2
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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