Miss LA Jones v Hereford and Worcestershire Health and Care NHS Trust and others: 1306394/2023
JUDGMENT
[3]The first respondent failed to make reasonable adjustments for the claimant by failing to ensure that she was accompanied at meetings at which she needed support.[4]The second respondent discriminated against the claimant because of something arising in consequence of disability on 6 January 2023 by telling her that he did not like her emotive language, that everyone was moaning at him regarding the claimant and that he was not interested.[5]The claimant’s dismissal was a further act of discrimination arising from disability.[6]The other claims brought by the claimant fail and they are dismissed.[7]The delay in providing this judgment was due to serious illness of the Employment Judge.[8]Directions for the remedy hearing will be issued separately. 1 of 2 Case number: 1306394/23 Signed by Employment Judge Meichen Signed on 14 January 2025 Reasons for the judgement having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. 2 of 2 REMEDY JUDGMENT[1]The tribunal decided that:a. The claimant had not evidenced that she had lost employer pension contributions during her employment and so no award was made for this.b. The claimant should be compensated for her loss of earnings during employment when her pay went down to half pay as this loss was attributable to the discrimination.c. There was a break in causation on 15 December 2023 when the claimant obtained permanent employment with BUPA. The claimant should therefore be compensated for her loss of earnings and loss of employer pension contribution post dismissal until 15 December 2023.d. The awards for past loss of earnings and pension should not be divisible.e. There should be no separate award for personal injury as the claimant had not evidenced this.f. The claimant should be awarded £23000 injury to feelings.g. The claimant should be awarded £2178 for counselling. The tribunal decided that 70% of the counselling post January 2023 was attributable to the claimant’s pre-existing issues and 30% was attributable to the 1 of 3 discrimination. From January 2023 to January 2025 the cost of counselling was £6540. 30% of 6540 = 1962. The claimant will require a further 3 months of counselling at 1 session a week which is partly attributable to the discrimination. The total cost of a further 3 months counselling is £720. 30% of 720 = 216. 216 + 1962 = 2178.h. The claimant should be awarded £400 loss of statutory rights.i. There should be no award for the tax liability incurred by the claimant when she withdrew her private pension as a lump sum.j. There was an unreasonable failure by the respondent to follow the acas code of practice on grievances. The claimant’s award should be uplifted by 15% to reflect that.k. The claimant’s net earnings at the Garth Nursing Home were £600.[2]It was agreed that:a. The claimant was entitled to a basic award and that the amount of the basic award should be £2893.50.b. The claimant was entitled to be compensated for her notice period of 8 weeks in the agreed sum of £5044.72.c. The acas code of practice on grievances applied.d. The claimant’s loss of earnings from end of notice period to start of employment with BUPA were £1261.18 and the claimant’s earnings at the Garth Nursing Home should be deducted from that amount.e. The claimant’s loss of employer pension contributions from date of dismissal to start of employment with BUPA were £1941.72.f. The claimant’s loss of earnings during employment when her pay went down to half pay was £5673.31.g. The claimant should be awarded interest at 8% on her financial losses caused by discrimination and her injury to feelings award.[3]The respondent is therefore ordered to pay the claimant a basic award of £2893.50, £400 loss of statutory rights and the following as compensation for discrimination1:a. Past loss of earnings during employment £7070.65 net (5673.31 + 15% acas uplift = 6524.31. Date of discrimination = 5.1.23, date of calculation = 7.2.25, mid-point between dates = 22.1.24. Interest on 6524.31 at 8% from 22.1.24 to 7.2.25 = 546.34. 6524.31 + 546.34 = 7070.65). 1 The claimant was successful in both her discrimination and dismissal claims. We have awarded compensation for discrimination because we found the dismissal to be discriminatory, this is in accordance with the authorities in particular D’Souza v London Borough of Lambeth [1997] IRLR 677 and it is just and equitable having regard in particular to the relatively limited amount of post-employment financial loss in this case. 2 of 3b. Past loss of earnings after employment £6916.20 net (5044.72 + 1261.18 – 600 = £5705.90. 5705.90 + 15% acas uplift = £6561.79. Date of discrimination = 5.10.23, date of calculation = 7.2.25, mid-point between dates = 6.6.24. Interest on 6561.79 at 8% from 6.6.24 to 7.2.25 = 354.41. 6561.79 + 354.41 = £6916.20).c. Past loss of employer pension contributions after employment: £2353.59 (1941.72 + 15% acas uplift = £2232.98. Date of discrimination = 5.10.23, date of calculation = 7.2.25, mid-point between dates = 6.6.24. Interest on 2232.98 at 8% from 6.6.24 to 7.2.25 = 120.61. 2232.98 + 120.61 = 2353.59).d. Counselling: £2714.44 (2178 + 15% acas uplift = 2504.70. Date of discrimination = 5.1.23, date of calculation = 7.2.25, mid-point between dates = 22.1.24. Interest on 2504.70 at 8% from 22.1.24 to 7.2.25 = 209.74. 2504.70 + 209.74 = 2714.44).e. Injury to feelings: £30879.11 (23000 + 15% acas uplift = 26450. Date of discrimination = 5.1.23, date of calculation = 7.2.25. Interest on 26450 at 8% from 5.1.23 to 7.2.25 = 4429.11. 26450 + 4429.11 = 30879.11).f. A grand total of £53227.49 (2893.50 + 400 + 7070.65 + 6916.20 + 2353.59 + 2714.44 + 30879.11).[4]The recoupment provisions do not apply. Approved by Employment Judge Meichen Approved on 7 February 2025 Reasons for the judgement having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. 3 of 3