Secretary of State for Justice

Case Summary

Miss Rebecca Clayton brought discrimination and contractual claims against the Secretary of State for Justice. The tribunal upheld her complaint of discrimination arising from disability regarding being informed she was likely to trigger Stage 2 warning procedure, but dismissed her other discrimination claims, reasonable adjustment claims, and withdrawn contractual claims. The respondent was ordered to pay £1,342.82 comprising £1,235 injury to feelings (reduced by 5% for failure to issue a grievance) plus interest.

The tribunal found one complaint of discrimination arising from disability well-founded where the claimant was informed she was likely to trigger the Stage 2 warning procedure, but dismissed her other discrimination claims (regarding restricted duties, reasonable adjustments, and indirect discrimination), finding them not well-founded. The contractual claims were withdrawn.

• •Discrimination arising from disability under s.15 Equality Act 2010 - Stage 2 warning procedure
• •Discrimination arising from disability - restricted duties requirement
• •Failure to make reasonable adjustments under ss.20 & 21 Equality Act 2010
• •Indirect discrimination on ground of disability under s.19 Equality Act 2010
• •Unauthorised deduction of wages
• •Holiday pay
• •Breach of contract

Case No. 6022005/2025 1 EMPLOYMENT TRIBUNALS Claimant: Miss Rebecca Clayton Respondent: Secretary of State for Justice Heard at: Employment Tribunal Wales sitting via CVP On: 13 – 16 April 2026 Before: Employment Judge Grubb Lay Member R Hartwell Lay Member K Smith REPRESENTATION: Claimant: In person Respondent: (Counsel) JUDGMENT 1. The complaint for discrimination arising from disability under s. 15 of the Equality Act 2010 as a result of having been informed that the Claimant was likely to trigger the Stage 2 warning procedure well-founded and upheld. 2. The complaint for discrimination arising from disability under s. 15 of the Equality Act 2010 on the basis that she was required to work restricted duties is not well-founded and is dismissed. 3. The complaints that the Respondent failed to make reasonable adjustments contrary to sections 20 & 21 of the Equality Act 2010 is not well-founded and are dismissed. 4. The complaints of indirect discrimination on ground of disability under s. 19 of the Equality Act 2010 is not well-founded and are dismissed. 6022005/2025 2 5. The complaints for unauthorised deduction of wages, holiday pay and breach of contract are dismissed having been withdrawn. 6. By no later than 30 April 2026, the Respondent shall pay the Claiamnt the sum of £1,342.82 comprising of £1,235 for injury to feelings (£1,300 less a 5% deduction for failure to issue a grievance), plus interest of £108.82. Approved by: Employment Judge C Grubb 16/04/2026 JUDGMENT SENT TO THE PARTIES ON 23 April 2026 Miriam Drake FOR THE TRIBUNAL OFFICE Notes Written reasons will not be provided unless a written request is presented by either party within 14 days of the sending of this written record of the decision. Judgments and reasons for the judgments are …