Miss D Wills v Oakland Care Services Ltd and Miss R Mawji: 1302041/2016
JUDGMENT
[1]The claimant was unfairly dismissed. If a reasonable procedure had been followed the claimant would have been dismissed four months later. The Recoupment Regulations apply.[2]The respondents are ordered to pay the sum of £2304.80 as compensation for unfair dismissal of which £1393.60 is subject to recoupment.[3]The respondents failed to make reasonable adjustments by not allowing the claimant to use a desk and chair in the manager’s office to complete administrative work and by failing to allow the claimant to return to work from sick leave on a phased basis.[4]The claimant’s dismissal was unjustified unfavourable treatment because of something arising in consequence of her disability i.e. her sickness absence.[5]The claimant’s claim in respect of disability related harassment is not wellfounded and is hereby dismissed.[6]The respondents are ordered to pay the claimant the sum of £7000.00 as compensation for injury to feelings.[7]The sum awarded in respect of unfair dismissal and injury to feelings is £9304.80 which is increased by 10% because of the respondents’ failure to follow the ACAS Code. The total amount payable by the respondents is £10,235.28.[8]The claimant’s application for costs is refused because there are no grounds to award costs.