Ms R Fitzpatrick v Totally Local Company Ltd: 2411598/2019
JUDGMENT
The unanimous judgment of the Employment Tribunal is that:[1]The claimant was not unfairly dismissed. Her claim for unfair dismissal does not succeed;[2]The claimant fundamentally breached her contract of employment with the respondent entitling the respondent to terminate it without notice, and therefore the claim for breach of contract does not succeed; and[3]The respondent did not unlawfully discriminate against the claimant in breach of section 15 of the Equality Act 2010. Whilst the respondent did treat the claimant unfavourably because of something arising in consequence of the claimant’s disability (by dismissing her), that treatment was a proportionate means of achieving a legitimate aim.