3311726/2021 and 3320876/2021

Ms S Smith v BerryWorld Ltd and others

Decision date
8 Oct 2024
Published
24 Oct 2024
Country
England and Wales
Source
GOV.UK ↗
Disability Discrimination Unfair Dismissal

Judgment · 24 pages · 145 indexed sections

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Case No: 3311726/2021 & 3320876/2021
EMPLOYMENT TRIBUNALS Claimant Respondent v Ms S Smith v (1) BerryWorld Limited (2) Kim Rezk (3) Alicia Hamilton (4) Claire Warby (5) Liz Robinson Heard at: Watford Tribunal On: 15,16,17,18,19(in chambers) & 22 July 2024 Before: Employment Judge Cowen Mrs J Hancock Mr S Bury Appearances For the Claimant: Ms S Smith (In person) For the Respondent: Mr Price (counsel)
JUDGMENT
1. The following complaints of direct discrimination are well founded and succeed: a. Between 8 and 15 March 2021, arriving at a predetermined grievance decision, b. Between 8 and 15 March 2021, a discriminatory comment by email, the gist of which was – that she would use her disability to bring a court claim and [so] they had [to] get her to agree a settlement.
2. The following complaints of unfavourable treatment because of something arising in consequence of disability are well-founded and succeed: a. From 3 to 4 March 2021, putting pressure on the Claimant at meetings to leave her job, by telling her she had already lost her job, you can take redundancy and an additional package. b. Dismissal

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