Mrs S Williams v Herefordshire and Worcestershire Health and Care NHS Trust: 1303251/2022

EMPLOYMENT TRIBUNALS

Case No 1303251/2022

Between

Mrs S WilliamsClaimant

Herefordshire and Worcestershire Health and Care NHS TrustRespondent

Before

Employment Judge Kenward

Mr R Winspear (instructed by Counsel) for claimant

Date 14 February 2024

JUDGMENT

[1]The unanimous Judgment of the Tribunal is as set out below.

[2]The complaints of indirect disability discrimination contrary to Equality Act 2010 section 19 (on the basis of the application of the requirement to cover for the lack of support staff, and the particular disadvantage of exacerbation of mental health and greater risk of health-related problems and being less likely to be able to meet working requirements) are well-founded and succeeds.

[3]The other complaints of indirect disability discrimination contrary to Equality Act 2010 section 19 are not well-founded and are dismissed.

[4]The complaints of breaches of the duty to make reasonable adjustments contrary to Equality Act 2010 sections 20 and 21 are not well-founded and are dismissed.

[5]The Tribunal has listed a further hearing to deal with the issue of remedy. REMEDY JUDGMENT

[1]The unanimous Judgment of the Tribunal is as set out below.

[2]Following the Judgment on liability dated 14 February 2024, the Tribunal orders the Respondent, by 12 July 2024, to pay the Claimant compensation for indirect disability discrimination amounting to £21,700.06, comprising of(1) an award for injury to feelings in the sum of £15,000.00;

(2) interest on the award for injury to feelings in the sum of £2827.73 calculated at 8% per annum from 14 February 2022 (the midpoint of the period between 9 December 2021 and 22 April 2022) and 14 June 2024;

(3) an award in respect of past financial loss (loss of earnings) for the period between 1 May 2022 and 30 September 2022 in the sum of £273.21;

(4) interest on the award for past financial loss (loss of earnings) in the sum of £41.85 calculated at 8% per annum from 15 July 2022 (the midpoint between 1 May 2022 and 30 September 2022);

(5) an award in respect of past financial loss (loss of employer’s pension contributions) for the period between 22 April 2022 and 14 June 2024 in the sum of £2,695.00:

(6) interest on the award for past financial loss (loss of employer’s pension contributions) in the sum of £230.95 calculated at 8% per annum from 19 May 2023 (the midpoint between 22 April 2022 and 14 June 2024)

(7) an award in respect of future financial loss (loss of employer’s pension contributions) for the period between 15 June 2024 and 14 December 2024 in the sum of £631.37. - 1 - Case Number: 1303251/2022 Signed