Ms M Henry v Kibble Education and Care Centre

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4104232/2024 5 Held in Glasgow on 16, 17 & 18 September 2024; 28 & 29 October 2024 Employment Judge L Doherty Ms M Henry Claimant 10 Represented by: Mr I Service - Lay Representative 15 Kibble Education and Care Centre Respondent Represented by: Mr D Gorry - Solicitor

20 JUDGMENT OF THE EMPLOYMENT TRIBUNAL The unanimous judgment of the Tribunal is that: (1) the claimant was unfairly dismissed but that no monetary award should be made against the respondents; (2) the claimant is a disabled person for the purposed of Section 6 of the 25 Equality Act 2010 (the EQA); (3) the claimant was not discriminated agianst contrary to Section 13 of the EQA and this claim ...

30 REASONS

1. The claimant in this case presents complaints of unfair dismissal and disability discrimination. A final hearing took place over 5 days. The claimant was 4104232/2024 Page 2 represented by her partner, Mr Service; the respondents were represented by Mr Gorry, solicitor. Issues Unfair Dismissal claim 5 2. The respondent’s position is that the dismissal was fair, and that the claimant was dism...

3. The reason for dismissal is in issue. 10 4. The fairness of the dismissal under section 98 of the Employment Rights Act 1996 (the ERA) is also in issue. It is said the dismissal was unfair on the basis of an unreasonable investigation, the failure of the respondents to adhere to their own policies and procedures, as well as the ACAS code, and the fact that the penalty imposed was too harsh. ...