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2307098/2023Partially Successful

Royal Borough of Greenwich

5 September 2025England & WalesEmployment Judge Leith
GOV.UK

Case Summary

The claimant succeeded in claims of discrimination arising from disability, indirect disability discrimination and failure to make reasonable adjustments, but failed in claims of direct disability discrimination and unauthorised deduction from wages. The tribunal will consider applying an uplift to the claimant's compensation for failure to comply with the ACAS Code, and will not reduce the compensation to reflect the possibility the employment may have ended.

Why this outcome?

discrimination_disability

The tribunal found that the claimant's complaints of discrimination arising from disability, indirect disability discrimination and failure to make reasonable adjustments were successful, but the claims of direct disability discrimination and unauthorised deduction from wages failed. The tribunal will consider applying an uplift to the claimant's compensation due to a failure to comply with the ACAS Code, and will not reduce the compensation to account for the possibility the employment may have ended.

Key Issues

  • The complaints of discrimination arising from disability, indirect disability discrimination and failure to make reasonable adjustments all succeed.
  • The complaints of direct disability discrimination and unauthorised deduction from wages fail and are dismissed.
  • The Tribunal has the jurisdiction in principle to consider applying an uplift to the Claimant's compensation for failure to comply with the relevant ACAS Code of Practice. The question of whether to apply such an uplift will be decided at the remedy hearing.
  • No reduction will be made to the Claimant's compensation to reflect the possibility that his employment might have ended in any event up to and including the date of this hearing.

Claim Types

Cited Laws and Legal Issues

Employment Rights Act 1996 section 13Employment Rights Act 1996

discrimination and failure to make reasonable adjustments, but failed in claims of direct disability discrimination and unauthorised deduction from wages.

Equality Act 2010 disability discriminationEquality Act 2010

The claimant succeeded in claims of discrimination arising from disability, indirect disability discrimination and failure to make reasonable adjustments, but failed in claims of direct disability discrimination and unauthorised deduction from wages.

Decision Text

Case No: 2307098/2023 EMPLOYMENT TRIBUNALS Claimant: Mr D Murphy Respondent: Royal Borough of Greenwich Heard at: Croydon (via CVP) On: 1, 2, 3, 4 and 5 September 2025 Before: Employment Judge Leith Ms C Lloyd-Jennings Ms C Edwards Representation Claimant: Mrs Murphy (Mother) Respondent: Mr Lockley (Counsel) JUDGMENT 1. The complaints of discrimination arising from disability, indirect disability discrimination and failure to make reasonable adjustments all succeed. 2. The complaints of direct disability discrimination and unauthorised deduction from wages fail and are dismissed. 3. The Tribunal has the jurisdiction in principle to consider applying an uplift to the Claimant’s compensation for failure to comply with the relevant ACAS Code of Practice. The question of whether to apply such an uplift will be decided at the remedy hearing. 4. No reduction will be made to the Claimant’s compensation to reflect the possibility that his employment might have ended in any event up to and including the date of this hearing. Approved by: Employment Judge Leith Date: 5 September 2025 _____________ Sent to Parties. 7 October 2025 Case No: 2307098/2023 Notes Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Public access to employment tribunal decisions Judgments 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 th...

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Employer

Respondent

Royal Borough of Greenwich

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Case Details

Case Number
2307098/2023
Tribunal
Employment Tribunal
Level
First instance
Decision Date
05/09/2025
Published
10/04/2026
Jurisdiction
England & Wales
Judge
Employment Judge Leith