S Churchill v Whitbread: 1600691/2021
JUDGMENT
[1]By the respondent’s concession, the claimant was a disabled person by reason of a physical impairment at all material times.[2]The claimant was a disabled person by reason of a mental impairment from on or around 15th – 22nd September 2020, and throughout material times thereafter.[3]The claimant’s claim that she was subjected to harassment in relation to the protected characteristic of disability fails, and is dismissed.[4]The claimant’s disclosures of information were not protected disclosures as alleged. It follows that the claimant’s claims that she was subjected to detriment on the ground that she has made a protected disclosure(s) fails, and is dismissed.[5]The claimant did not do a protected act in relation to her victimisation claim, which claim therefore fails, and is dismissed.[6]The claimant’s conduct was such as to entitle the respondent to dismiss her without notice; the respondent did not breach the contractual notice provisions. The claim of wrongful dismissal fails, and is dismissed.[7]The claimant was dismissed from her employment on 4th January 2021 (agreed chronology) for a reason related to her conduct and not by reason of Case Number: 1600691/2021 having made a protected disclosure(s). Her claim that she was automatically unfairly dismissed fails, and is dismissed.