Miss S Garland v Apex Textiles Ltd (In Creditors Voluntary Liquidation) and Jessie Gao: 1304082/2018
JUDGMENT
J U D G M E N T The Judgment of the Tribunal is that:(i) The Claimant was automatically unfairly dismissed and the Claimant is awarded the following sum in respect thereof: A compensatory award of £21,834.45 for the period from termination to date of hearing.(ii) The First Respondent is ordered to pay the Claimant the total sum of £21,834.45. subject to the recoupment provisions a set out below.(iii) The Claimant is entitled to, and the First Respondent is ordered to pay, the sum of £774.40 in respect of unpaid annual leave and/or unpaid wages.(iv) The Claimant was subjected to discrimination arising from disability by reason of the unfavourable treatment identified in the List of Issues served on the Tribunal on 8 October 2019 (LOI) at paragraph 8 of the LOI save in respect of subparagraph (iii).(v) The claim for failure to make reasonable adjustments in respect of the claimant’s disability in respect of paragraphs 14 (iii) and 14(v) of the LOI are well founded and succeed; the other alleged failures are dismissed.(vi) The claim for disability harassment in paragraph 7 of the LOI is not well founded and is dismissed.(vii) The respondents are ordered to pay the Claimant the sum of £10,000 in respect of injury to feelings for the acts of discrimination and failures to make reasonable adjustments that have been established.(viii) The Employment Protection (Recoupment of Benefits) Regulations 1996, SI 1996 No 2349, apply. In accordance with those Regulations: (a) the total monetary award made to the claimant is £32,608.85; (b) the amount of the prescribed element is £21,834.45; (c) the dates of the period to which the prescribed element is attributable are 12 July 2018 to 6 February 2020; (d) the amount by which the monetary award exceeds the prescribed element is £10,774.40. Oral reasons were given on 6 February 2020 and the Claimant was, and is, reminded of Rule 62(3), Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 regarding written reasons not being produced unless requested in accordance with Rule 62 (3).