Mr A Doherty v Mid Cheshire Hospitals NHS Foundation Trust: 1306515/2020
JUDGMENT
[1]The claimant’s claims of direct discrimination, harassment, unauthorised deduction from wages and failure to make reasonable adjustments fail and are dismissed.[2]The claimant was unfairly dismissed by the respondent and the respondent discriminated against the claimant because of something arising in consequence of his disability by dismissing him.[3]The other elements of the claimant’s claim for discrimination arising from disability fail.[4]There was a 35% chance that the claimant could have been fairly dismissed by the respondent. REMEDY JUDGMENT[1]The respondent shall pay the claimant a basic award of £4005. The recoupment provisions do not apply to this award.[2]The respondent shall pay the claimant £500 for loss of statutory rights. The recoupment provisions do not apply to this award.[3]The respondent shall pay the claimant a compensatory award of £10563.70, subject to the recoupment provisions. (This was calculated on the basis of 19 months loss of earnings and pension at the agreed figures of £793.54 per month loss of earnings and £61.82 loss of pension and the 35% Polkey reduction was then applied).[4]The respondent shall pay to the claimant compensation for injury to feelings of £9000. The respondent shall pay the claimant interest on the above in the sum of £1893.91 (calculated at 8% from 10 February 2020 to 5 August 2022). The total sum to be paid to the claimant by the respondent for injury to feelings inclusive of interest is £10893.91. The recoupment provisions do not apply to this award.[5]The respondent agreed that it was in breach of the duty to give a written statement of employment particulars when the proceedings were begun. It is just and equitable to increase the award to 4 weeks pay1. The respondent shall pay the claimant £890 for this breach (4 x the agreed figure of £222.50). The recoupment provisions do not apply to this award. 1 The Tribunal does not have the power to award 3 weeks pay as had been discussed the hearing – see s. 38 Employment Act 2002. 1 of 2 Case number: 1306515/20[6]The grand total to be paid by the respondent to the claimant, subject to recoupment on the award identified above, is £26852.61.[7]The Employment Protection (Recoupment of Benefits) Regulations 1996, SI 1996 No 2349, apply to the award identified above. In accordance with those Regulations:(a) the total monetary award made to the claimant is £26852.61;(b) the amount of the prescribed element is £10563.70;(c) the dates of the period to which the prescribed element is attributable are 10 May 2020 to 27 September 2022;(d) the amount by which the monetary award exceeds the prescribed element is £16288.91. Employment Judge Meichen 27 September 2022 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