Miss C Twigg v Mr M Arulampalam (Sometimes Known as M Isshani) and Sharjana Ltd (Dismissed as Party): 1303250/2025
JUDGMENT
Rule 22 of the Employment Tribunal Procedure Rules 2024 Employment Status[1]The claims against the second respondent fail and are dismissed.[2]The claimant was an employee of the first respondent following a TUPE transfer on 10th of March 2010. The claims against the first respondent can proceed. The following paragraphs relate only to the first respondent. Disability Status[3]At the relevant times the claimant was a disabled person as defined by section 6 Equality Act 2010 because of; Systemic Lupus Erythematosus, anxiety and depression.[4]The complaints of disability discrimination, unfavourable treatment because of something arising in consequence of disability, failure to make reasonable adjustments and harassment can therefore proceed. Direct discrimination[5]The complaint of direct disability discrimination is well-founded and succeeds. Unfavourable treatment because of something arising in consequence of disability[6]The complaint of unfavourable treatment because of something arising in consequence of disability is well-founded and succeeds. Failure to make reasonable adjustments for disability[7]The complaint of failure to make reasonable adjustments for disability is not well-founded and is dismissed. Harassment[8]The complaint of harassment related to disability is not well-founded and is dismissed. Failure to provide a written statement of employment particulars[9]When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002. Remedy[10]The respondent shall pay the claimant the following sums:a. Compensation for past financial losses: £2320;b. Compensation for future financial losses: £10158.72;c. Compensation for injury to feelings: £18000;d. Failure to provide a statement of employment particulars £781.44. Employment Judge Codd 18 May 2026 Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.