Mrs Lynn Taylor v Hoddom Castle Coach House Limited (in Liquidation) — 2023

Mrs Lynn Taylor brought disability discrimination complaints against Hoddom Castle Coach House Limited (in Liquidation). The tribunal found that she had osteoarthritis affecting her right arm and spine, that the condition had a substantial and long-term adverse effect on her day-to-day activities, and that she was a disabled person within section 6 of the Equality Act 2010 at the time of the alleged discrimination.

On the section 15 complaint, the tribunal accepted that Mrs Taylor was treated unfavourably when, after asking for 20 to 25 hours per week, she was given only 5 hours per week after her first week. It found that the treatment arose in consequence of disability because the claimant could not carry trays of glasses and plates or hoover, and those limitations explained the way her work was arranged. The tribunal also found that the reference to her "limitations" was unfavourable treatment arising from her need to work short shifts, which itself was a consequence of her disability.

The reasonable adjustments complaint failed. Mrs Taylor did not identify a provision, criterion or practice, and the tribunal said it was not for it to formulate one for her. It added that even if the relevant practice were asking bar staff to clear glasses and plates, it did not regard that as placing her at a substantial disadvantage because she said she could do the task if she did not have to carry a tray. The separate complaint about the dishwasher was also dismissed because no PCP was identified.

For remedy, the tribunal found that Mrs Taylor was out of work for three weeks before obtaining alternative employment. It calculated past loss of wages at £240, using an average of 8 hours per week at £10 per hour, and awarded £900 for injury to feelings. The total award ordered against the respondent was £1,140.