Ms Harris v Continuity Healthcare Services Ltd: 1307508/2019

EMPLOYMENT TRIBUNALS

Case No 1307508/2019

Between

Ms HarrisClaimant

Continuity Healthcare Services LtdRespondent

Before

Employment Judge Harding

Ms Twomey (instructed by Counsel) for claimant

Mr Munro Solicitor for respondent

Date 14 September 2022

JUDGMENT

JUDGMENT The unanimous judgment of the tribunal is that:

[1]The claimant’s claim of direct race discrimination contrary to sections 13 and 39 of the Equality Act 2010 fails and is dismissed.

[2]The claimant’s claim of indirect discrimination based on the protected characteristic of race contrary to sections 19 and 39 of the Equality Act 2010 succeeds. The respondent is ordered to pay to the claimant compensation in the sum of £11,980.24, see attached annex. Case Number: 1307508.19 Note: written reasons will not be provided unless requested at the Hearing itself or in writing within 14 days of the sending of the written record of the decision, Rule 62(3).

[3]The claimant’s claim of breach of contract (wrongful dismissal) succeeds. No damages are payable otherwise the claimant would benefit from double recovery. Employment Judge Harding 14 September 2022 Case Number: 1307508.19 Note: written reasons will not be provided unless requested at the Hearing itself or in writing within 14 days of the sending of the written record of the decision, Rule 62(3). ANNEX Indirect discrimination Loss of earnings: agreed figure - £1,716.29 Injury to feelings £10,000 minus £2,000 (reduction to reflect non discriminatory causes of injury to feelings) - £8,000 Interest Injury to feelings Number of days between date of discriminatory act and calculation date = 1, 170 £8,000 x 8%/365 = daily rate of £1.75 1,170 days x £1.75 - £2,047.50 Loss of earnings £1, 716.29 x 8%/365 = daily rate of 0.37p Mid point 585 days 585 x 0.37p - £216.45 Breach of contract 1 week’s net pay No award made – loss of earnings for the discrimination claim has been calculated to cover this period. Case Number: 1307508.19 Note: written reasons will not be provided unless requested at the Hearing itself or in writing within 14 days of the sending of the written record of the decision, Rule 62(3).