Miss A Wheatle v J D Wetherspoon plc: 3201461/2022
JUDGMENT
The judgment of the Tribunal on liability is that: -[1]the claims of direct disability discrimination at Issue 3.1.2 and disability-arising discrimination at Issues4.1.1 and4.1.2 are dismissed on withdrawal;[2]the claim of failure to make reasonable adjustments to the practice of requiring the Claimant to work shifts without the support of another manager/shift manager succeeds (Issues 6.2.2, 6.2.3 and 6.5.3);[3]the Tribunal lacks jurisdiction to determine the claim of direct disability discrimination at Issue 3.1.1 because it was presented outside the statutory time limits, and it is dismissed;[4]all the remaining claims of direct disability discrimination, disability- arising discrimination, indirect disability discrimination and failure to make reasonable adjustments are not well-founded and are dismissed. The judgment of the Tribunal on remedy in relation to the single successful claim of failure to make reasonable adjustments is that: - Case Number: 3201461/2022[1]the Claimant is awarded £14,300 for injury to feelings; and £3,175 in interest on that award;[3]because this award relates to pre-termination discrimination, there is no liability for tax and no requirement for grossing up.