Ms J Polyviou v Street Kitchen Brothers Ltd (in Creditors Voluntary Liquidation): 1301341/2022
JUDGMENT
[1]The respondent had elected not to take any further part in these proceedings.[2]Having heard from the claimant, the following claims were upheld:-a. She was wrongfully dismissed without notice on 26 October 2021.b. She worked on 3 October 2021 and is entitled to be paid for that day.c. She was owed 10 days accrued but untaken and unpaid holiday on termination.d. The claimant was disabled and was subjected to discrimination arising from her disability, including in relation to her dismissal.e. The respondent failed to make reasonable adjustments to support her.f. The claimant was subjected to harassment related to her disability.g. The claimant was subjected to hostility due to raising health and safety concerns / protected disclosures.[3]It was agreed that her other claims for detriment, automatically unfair dismissal, victimisation and direct discrimination were adequately addressed by the above findings, and they were not pursued. Case Number: 1301341/2022[4]The claimant found alternative work on 25 November 2021 but gave evidence of significant adverse effects on her mental health and injury to her feelings as a result of the upheld claims.[5]The claimant is awarded the following:a. Unpaid wages (1 day @ £88) £ 88b. Unpaid holiday (10 days @ £88) £ 880c. Notice pay (5 days @ £88) £ 440d. Loss arising from discriminatory dismissal (3 weeks @ £440) £ 1,320e. Injury to feelings (inclusive of personal injury and interest) £24,000 Total £26,728