Mrs A Cottingham v Royale Group OPCO Ltd and Others: 1400280/2024
JUDGMENT
The judgment of the tribunal is that:- The claims against the second respondent having already been struck out. Third Respondent i) The claims against the third respondent are dismissed. ---1--- First Respondent ii) The claimant was employed at all material times by the first respondent and such claims as are set out below as being upheld are upheld against the first respondent. iii) The claimant’s claims of disability related harassment (s26 Equality Act 2010) are well founded and upheld; iv) The claimant’s claims of direct disability discrimination (s13 Equality Act 2010) are dismissed as statutory alternatives to the claims of harassment; v) The claimant’s claim of unfair dismissal is well founded and upheld; vi) The claimant’s claim of wrongful dismissal / breach of contract in the failure to pay notice pay is well founded and upheld vii) The claimant’s claim of unlawful deduction from wages/breach of contract in the failure to pay commission is well founded and upheld; viii) The claimant’s claim for unpaid holiday pay is well founded and upheld; Remedy The First Respondent is ordered to pay the claimant the following sums: Unfair Dismissal – ix) Basic Award - £3858.00 x) Compensatory Award – Loss of Statutory Rights -£500 xi) Loss of earnings – These will be awarded as discrimination compensation as set out below. Disability Related Harassment xii) Past Loss of Earnings - £32,497.02; xiii) Interest - £1676.84 xiv) Future Loss of Earnings - £10,792.08; xv) Injury to Feelings - £20,000 xvi) Interest - £2,066. Unpaid Notice Pay xvii) £2430.16 ---2--- Unpaid Commission xviii) £6,000 Unpaid Holiday Pay xix) £1093.10 xx) ACAS Uplift – 15% on relevant awards set out above £6378.04. Total - £87,291.24 If any party seeks written reasons for the Judgment set out above it must apply in writing to the tribunal within 14 days of the date on which this Judgment is sent to the parties.