Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

In the case of Gunning v Javid Hussain (trading as Swift One Hour Dry Cleaners) ET/3303500/2015 the Employment Tribunal held that Ms Gunning, the Claimant, had been constructively dismissed and discriminated against, and awarded her over £105,000 in compensation.

The facts in Gunning v Javid Hussain (trading as Swift One Hour Dry Cleaners)

Ms Gunning’s employed from 8 September 1999 to 13 July 2015 as a sales assistant at a dry cleaners (whose ownership had been transferred between several owners in that period, culminating in Mr Hussain taking charge of the business in 2011).

Ms Gunning alleged that, after Mr Hussain took over ownership of the business, he refused her rest breaks, refused to allow her to take paid holidays, and refused to provide her with payslips; she also contended that he increased her hours to 48 hours per week, was subjected to an excessive workload, was bullied by being belittled, threatened with dismissal, and Mr Hussain telling her that she was too stupid to get another job. Ms Gunning subsequently alleged that in May 2014 Mr Hussain had increased her hours to 58 hours per week, and that she had become exhausted and depressed as a result.

Matters came to a head on 30 July 2015 when Ms Gunning alleged that Mr Hussain said to her: “I am fed up with you, I’ve had enough of you.” Ms Gunning subsequently resigned from her employment, filed a grievance, and brought claims for (amongst others) constructive unfair dismissal, disability discrimination, failure to pay holiday pay, and unlawful deduction from wages. Mr Hussain resisted the claims, representing himself.

A rather complex case management history ensued, with Mr Hussain failing to comply with a number of orders (most significantly orders that he disclose documents that he intended to rely upon to the Claimant’s solicitors). His response to the claim was therefore struck out.

The decision of the Employment Tribunal in Gunning v Javid Hussain (trading as Swift One Hour Dry Cleaners)

The Employment Tribunal allowed Mr Hussain to make submissions at the Tribunal but not to submit evidence. The Tribunal upheld all of Ms Gunning’s claims.

With regards to her claim for constructive dismissal, the Tribunal found that Mr Hussain’s failure to pay Ms Gunning the national minimum wage, insistence that she worked 58 hours per week, and refusal to allow her to take holiday or rest breaks (amongst others) constituted repudiatory breaches of contract which entitled Ms Hussain to resign.

With regards to her claims for disability discrimination, the Employment Tribunal found that she was disabled (for the purposes of section 6 of the Equality Act 2010), that Mr Hussain had known about her disabilities, and that she had been subjected to discrimination arising from disability (in that Mr Hussain had criticised her limited intellectual ability (a consequence of her disability) and that he had exploited her limited intellectual ability to deprive her of her rights).

The Tribunal also found that Ms Gunning had been harassed on the grounds of her disability by being sworn at, bullied, threatened with dismissal, and told she was too stupid to get another job, and that there had been a failure to pay her the national minimum wage.

The Employment Tribunal awarded Ms Gunning compensation amounting to over £105,000, including:

  • A basic award for unfair dismissal: £7,540.00
  • Failure to provide written particulars of employment: £754.00
  • Loss of earnings during employment (for a discriminatory failure to pay the national minimum wage): £31,014.00
  • Loss of earnings after dismissal: £38,843.00
  • Compensation for failing to allow Ms Gunning to take rest breaks: £500
  • Injury to feelings: £18,150.00
  • Interest on the sums: £7,036.44
  • Compensation for accrued but untaken holiday: £1,263.00

The Tribunal also recommended that Ms Gunning be provided with a favourable work reference and a letter of apology.

 

Our solicitors’ view on Gunning v Javid Hussain (trading as Swift One Hour Dry Cleaners)

Chris Hadrill, a specialist employment solicitor at Redmans, commented on the case: “This case is a salutary reminder to employers that a failure to engage properly with Employment Tribunal directions can have serious consequences, and did in this case. Equally, employers should take care to treat employees with respect and to take account of any disabilities when determining how to treat them.”

The judgment of the Employment Tribunal can be found here

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

One Response to Claimant awarded over £105,000 after being subjected to disability discrimination (Gunning v Mr Javid Hussain (trading as Swift One Hour Dry Cleaners))

  1. […] Employee discriminated against whilst on maternity leave awarded £13,200 (Sisk v Department for Work and Pensions) Claimant awarded over £105,000 after being subjected to disability discrimination (Gunning v Mr Jav… […]

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.76 Average

124 Reviews

Brittany

I was very grateful for Redmans to treat my case with respect and discretion. At the time, I was very new to London and it was meaningful to have someone on my side and win the case for me. Without any doubt, I would definitely recommend Redmans Solicitors to anyone who is in need of it.

Posted 1 month ago

Jake L

Chris is very professional and calm. Very attentive and patient, been a positive experience having Chris represent me, and would recommend him.

Posted 2 months ago

Anonymous

Excellent service. It was a pleasure to work with Chris H, who is brilliant at what he does and very efficient. Their Senior Associate Rana T. is also very knowledgeable and resolves any queries speedily and efficiently. My issue could unfortunately not be resolved, but that was due to my employer and not the firm. Redmans however did all they could. I would definitely recommend them.

Posted 2 months ago

Anonymous

Very pleasant and quick to deal with. Mnay thanks.

Posted 2 months ago

Anonymous

Easy to get hold of. Quick.

Posted 3 months ago

Owen J

Very helpful, efficient service.

Posted 3 months ago

Anonymous

I am very lucky that I worked with Mr. Chris Hadrill and he managed my case very progressively with an analytical approach and trustfully. Of course with a very positive result. I strongly recommend Mr. Hadrill to any one seeking for a successful result from a highly qualified solicitor.

Posted 3 months ago

Kulbir S

Amazing, quick friendly service from Chris from the start and Caroline. They made me feel at ease during a difficult time, they understood and advised accordingly and I am really happy with the outcome of my case. Will always advise anyone who needs legal advice to contact Redmans, I’m so glad that I did and can confidently say I don’t think any other firm could have handled my case any better. Well done guys, wish you all the best and please keep doing what your doing, simply the best!

Posted 3 months ago

Mark A

Excellent service - rapid and “to the point” advice given to ensure meeting the target time frame

Posted 3 months ago

Anonymous

Chris Hadrill kept me sane during the negotiations with my employer. He was courteous professional and he cared about doing the best he could for me. I will use Redmans again if ever I need an employment solicitor. Excellent service.

Posted 3 months ago

Muhammad Z

Awesome services. Professionals at their best .

Posted 3 months ago

Anonymous

Thanks for the advice and for negotiating a good outcome. Good to have the support at a very stressful time

Posted 3 months ago

Chloe F

My solicitor at Redmans was very helpful and efficient. Really pleased with the smooth service.

Posted 3 months ago

Anonymous

Chris was absolutely excellent. Clear and concise, offering sound advice.

Posted 3 months ago

Tim O

Experienced and competent advisors

Posted 3 months ago

Rachel A

Quick and expert assistance. I would highly recommend Chris for any of your legal needs.

Posted 3 months ago

Joe S

I was very happy with the service provided by Chris and the team at Redmans Solicitors. I felt very comfortable discussing all matters with Chris and am very grateful for all the help and guidance I was given throughout the whole process. I would definitely recommend Redmans Solicitors to friends and family!

Posted 3 months ago

Anonymous

I had a very good experience working with Chris Hadrill during a difficult and emotional time. This held true from the moment I spoke to him on the phone, to the end of the process. Overall, he was attentive, professional and highly supportive. He provided sound advice and clarity. It was the reviews that led me to Redmans! I was very happy to know they were all true. I highly recommend working with Redmans Solicitors. Thank-you to the entire team!

Posted 3 months ago

Anonymous

Good service

Posted 3 months ago

Anonymous

Excellent professional service. Highly recommend.

Posted 4 months ago

Rob O

Very prompt response and I could not fault the service. My solicitor listened carefully to the details of my case and I felt very confident in the advice I was offered. All emails and work done on my behalf with my former employer was of the highest standard and Redmans helped take a lot of the stress out of the situation for me.

Posted 4 months ago