Mrs N Jaafri v Marks & Spencer plc: 1601288/2022

EMPLOYMENT TRIBUNALS
Case No 1601288/2022
Mrs N JaafriClaimantMarks & Spencer plcRespondent
Employment Judge T Vincent RyanIn person for claimantMr D Evans (instructed by Counsel) for respondentDate 7 November 2024

JUDGMENT

[1]The Claimant’s claim of beach of contract (notice), or alternatively of an Unauthorised Deduction from Wages, is dismissed upon withdrawal, the Respondent having honoured the Claimant’s entitlement to net notice pay.[2]The following claims fail and are dismissed: 2.1. Unfair Dismissal, the Claimant having been fairly dismissed by letter dated 19 August 2022 for a reason related to incapability by reference to her health. 2.2. Direct Race Discrimination. 2.3. Disability Discrimination (the claims of a failure to make reasonable adjustments, to provide an auxiliary aid, and a claim of discrimination arising from disability). 2.4. Victimisation, albeit the Claimant did a protected act when she raised a written grievance on 26 October 2021. Case Number: 1601288/2022