Mrs A U W Babula v David Austin Roses Ltd: 1303175/2024
JUDGMENT
[1]The following Judgment was given on 30 January 2026.[2]Two of the Claimant’s complaints succeed; but all of her other complaints fail.[3]The two complaints that succeed are:a. a complaint under section 15 of the Equality Act 2010 about the Respondent, “On 13 December 2023, issuing a written warning when no verbal warning had previously been issued”;b. a complaint of breach of the duty to make reasonable adjustments about the application of a policy or practice of not automatically disregarding disability-related sickness absence when calculating an employee’s Bradford Factor for the purposes of absence management. Case Number: 1303175/2024[4]There was no significant chance that, had she not resigned on 9 February 2024, the Claimant would have been fairly dismissed by the Respondent for misconduct because of what she wrote to the Respondent in an email exchange of 8 February 2024.[5]The Claimant’s compensation for discrimination is assessed at £6,000, consisting of damages for injury to feelings only. The Respondent must pay that sum to her.[6]The Claimant is also awarded, and the Respondent must pay her, interest on her compensation for discrimination at 8 percent per annum from 12 December 2023, totalling £1,026.37 [£6,000 x 8% ÷ 365.25 days in a year x 781 days elapsed] as at 30 January 2026.[7]Reasons were given orally at the hearing. Written reasons will not be provided unless asked for by a written request presented by any party within 14 days of the sending of this written record of the decision.