Employment Tribunal: Unfair Dismissal Allowed, Harassment Claims Rejected
📌 In brief
An Employment Tribunal ruled on a case involving unfair dismissal and disability harassment claims. The tribunal dismissed the harassment and victimisation claims but allowed the unfair dismissal claim, reducing compensation due to the claimant's blameworthy conduct.
⚖️ Legal holding
An employer must not unfairly dismiss an employee, even if there is a chance the dismissal would have occurred anyway.
📖 What the law says
Direct discrimination occurs when someone is treated less favorably because of a protected characteristic like disability, unless the treatment is justified as a proportionate means to achieve a legitimate aim in cases involving age.
An employer must provide the reason for dismissing an employee and prove that the reason falls within certain categories, such as capability, conduct, redundancy, or legal contraventions. The fairness of the dismissal then depends on whether the employer acted reasonably in the circumstances.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The claimant's disability harassment and victimisation claims were dismissed due to time limits and lack of merit, but their unfair dismissal claim was successful.
📜 Headnote Official document
The Employment Tribunal dismissed the claimant's complaints of disability harassment and victimisation due to time limits and lack of merit. However, it found that the claimant was unfairly dismissed by their employer.
📚 Full judgment Official document
OUTCOME: Allowed in Part
Case No: 6013574/2024, 6013583/2024 AND
6013590/2024
EMPLOYMENT TRIBUNALS
Claimant: [redacted]
Respondent: [redacted]
ON:
13 -22 April 2026
BEFORE: Employment Judge Akhtar Mrs E [NAME] Mrs R [NAME]:
For Claimant: [redacted]
For Respondent: [redacted]
JUDGMENT
The Judgment of the Tribunal is that:
1. The complaint of harassment related to disability was not presented within the applicable time limit. It is not just and equitable to extend the time limit. The claim is therefore out of time and is dismissed.
Case No: 6013574/2024, 6013583/2024 AND
6013590/2024 2. The complaint in respect of victimisation is not well-founded and is dismissed.
3. The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.
4. There is a 25 % chance that the claimant would have been fairly dismissed in any event.
5. The claimant caused or contributed to the dismissal by blameworthy conduct and it is just and equitable to reduce both the basic and compensatory award payable to the claimant by 50 %.
6. Directions in respect of remedy will be sent separately in a case management order.
Approved on: 27 April 2026
Employment Judge Akhtar
Sent to the parties on:
28 April 2026
For the Tribunal Office:
[NAME] reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision. Public access to employment tribunal decisions Judgments (apart from judgments under rule 52) and reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case.
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Employment Tribunal Employment Tribunal Decision: Disability Discrimination and Reasonable Adju…
- Employment Tribunal Disability Discrimination Claim Rejected; Holiday Pay Awarded with Costs Or…
- Employment Tribunal Unlawful Deductions Allowed, Discrimination Claims Struck Out in Employment…
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- Employment Tribunal Employment Tribunal Allows Age Discrimination Claim, Rejects Unfair Dismiss…
- Employment Tribunal Employment Tribunal Decision on Time Limits for Discrimination Claims
- Employment Tribunal Holiday Pay Claim Successful in Employment Tribunal Case
- Employment Tribunal Employment Tribunal Rules on Disability Discrimination and Pay Statements
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- An employer must not unfairly dismiss an employee, even if there is a chance the dismissal would have occurred anyway.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Employment Tribunal dismissed the complaints of disability harassment and victimisation but found that the employee was unfairly dismissed.
Who was involved?
An employee (the claimant) brought claims against their employer (the respondent).
How did the court decide, and why?
The court ruled that the harassment and victimisation complaints were out of time or lacked merit. The unfair dismissal complaint succeeded due to evidence of unfair treatment.
Which laws or rules were applied?
The Equality Act 2010 and Employment Rights Act 1996 were key in this decision.
What was the argument that mattered most?
The central reasoning focused on whether the dismissal was fair and whether the claimant contributed to their own dismissal through blameworthy conduct.
Was the decision for or against the person who brought the case?
The decision was partially in favour of the claimant, allowing the unfair dismissal claim but dismissing others.
What does this mean for someone in a similar situation?
Someone facing unfair dismissal should consider their conduct and whether it contributed to their dismissal when seeking compensation.
What evidence or documents mattered?
The tribunal considered evidence of the employer's actions and the claimant's conduct leading up to the dismissal.
Can a decision like this be appealed?
Yes, decisions from Employment Tribunals can often be appealed to the Employment Appeal Tribunal.
Is it worth getting a solicitor for a case like this?
It is highly recommended to seek legal advice from a qualified solicitor for such cases.