M Murphy v LFH (Fowey Hall) Ltd: 1400882/2021
JUDGMENT
[1]the Claimant’s claims of(a) direct disability discrimination, discrimination arising from disability or for a failure to make reasonable adjustments beyond a complaint about the adjustments in place being removed from her;(b) any complaint that occurred prior to November 2020 as an act of disability related harassment, other than an incident in 2019 when she was referred to as “loopy” are dismissed upon withdrawal.[2]the Claimant’s was disabled at the relevant time by reason of Cervical spondylosis[3]the Claimant’s claim concerning being called “loopy” in 2019 was presented out of time and was not presented within such other period as the tribunal considered just and equitable. Case Number: 1400882/2021 10.7 Judgment with reasons – rule 62 2 Employment Judge Salter Date: 27 January 2022 Judgment sent to parties: 10 February 2022 FOR THE TRIBUNAL OFFICE Notes Reasons for the judgment 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. Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment- tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case. Case No. 1400882/2021 1 EMPLOYMENT TRIBUNALS Claimant: Miss M Murphy Respondent: LFH (Fowey Hall) Limited Heard at: Exeter On: 24 to 28 October 2022 Before: Employment Judge C H O’Rourke Mr I Ley Ms E Meehan Representation: Claimant: in person Respondent: Mr C Adjei - counsel[1]The Respondent constructively unfairly dismissed the Claimant.[2]The Claimant’s application to amend her claim to include a claim of unlawful deduction from wages being granted, the Respondent unlawfully deducted £362 from her wages for the months of November and December 2020.[3]The Claimant’s claims of disability discrimination and automatic unfair dismissal and detriment on the grounds of protected disclosure fail and are dismissed. Case No. 1400882/2021 2[4]The Respondent is ordered to pay the Claimant the sum of £3044.18 (subject to recoupment of benefit payments under the Recoupment Regulations 1996), as set out in the schedule attached.