Miss I Sherratt v Performance In People Ltd: 1400364/2020

EMPLOYMENT TRIBUNALS

Case No 1400364/2020

Between

Miss I SherrattClaimant

Performance In People LtdRespondent

Before

Employment Judge Craft

Members

Mrs S Collins

Mr G Crowe

Date 3 September 2021

JUDGMENT

The complaint that the claimant was unfairly dismissed is struck out.

REASONS

[2]Section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years service to make an unfair dismissal complaint.

[3]The claimant was employed by the respondent for less than two years.

[4]Therefore the claimant is not entitled to bring such a complaint.

[5]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out.

[6]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this Judgment. Case No: 1400364/2020 EMPLOYMENT TRIBUNALS Claimant: Miss I Sherratt Respondent: Performance in People Ltd Before: Employment Judge Craft Members: Mrs S Collins Mr G Crowe By: CVP On: 23, 24, 25 and 26 August 2021 Representation: Claimant: Mrs D Sherratt, Mother Respondent: Mr Handley, Croners UNANIMOUS JUDGMENT

[1]The Respondent discriminated against the Claimant by reason of her disability by dismissing her contrary to s.15 Equality Act 2010 when the Respondent could reasonably have been expected to know that the Claimant was suffering from disabilities within the terms of the Act by the date of her dismissal and such unfavourable treatment was not a proportionate means of achieving a legitimate aim.

[2]The Respondent failed to make reasonable adjustments to a provision, criterion and practice which had put the Claimant at a substantial disadvantage compared to someone without her disabilities, when the Respondent could reasonably have been expected to know that the Claimant was likely to be placed at such a disadvantage contrary to s.20 and 21 Equality Act 2010.

[3]The Respondent indirectly discriminated against the Claimant by reason of her disability by its application of the Bradford Factor as a method of managing absence to all its employees which placed the Claimant at a particular disadvantage compared to persons without a disability and resulted in her dismissal in circumstances where the disadvantage was not a proportionate means of achieving a legitimate aim, contrary to s.19 Equality Act 2010. 10.2 Judgment - rule 61 Case No: 1400364/2020

[4]The Respondent shall pay the Claimant the sum of £10,000 for injury to her feelings caused by its acts of discrimination and interest on that sum of £1,487.01. This is a total award for injury to feelings of £11,487.01.

[5]The Respondent shall pay compensation to the Claimant for lost earnings in the sum of £2,706 and interest on that sum of £201.03. This is a total compensatory award of £2,907.03.

[6]The Tribunal makes no compensatory award for future loss of earnings and has found no grounds to make an uplift to the above awards. These claims for future loss and uplift are dismissed.