Mr D Oldfield v Pharmhear Ltd (in Liquidation): 1402126/2022
JUDGMENT
[1]The claim relating to unpaid pension contributions is dismissed on withdrawal by the Claimant.[2]The Claimant had a disability for the purposes of section 6 of the Equality Act 2010.[3]The following claims succeed:a. discrimination arising from disability under section 15 of the Equality Act 2010;b. unfair dismissal under section 94 of the Employment Rights Act 1996;c. breach of contract in respect of failure to give statutory notice (wrongful dismissal) under Article 3 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994/1623.[4]The Respondent is ordered to pay the Claimant the following sums:a. basic award for unfair dismissal: £3,264 (1.5 weeks x 4, capped at £544 per week)b. net damages for failure to give four weeks’ statutory notice: £3,081.52 (4 weeks x net weekly pay of £770.38) Case Number: 1402126/2022c. loss of statutory rights: £400d. loss of earnings and expenses incurred in consequence of discrimination: £15,465.68 (made up of 6 weeks @ £570 per week; 15 weeks @ £770.38 per week; one week @ £320.38; 4 days’ travel expenses @ £42.40 per day)e. injury to feelings: £10,000f. interest on discrimination award: £1,830.61[5]Recoupment does not apply to these awards.[6]The interest due to the Claimant (see above) is calculated as follows: Date of discrimination: 09/02/22 Calculation date: 25/05/23 Number of days: 471 Interest rate: 8% Pecuniary losses: £15,465.68 Interest: 471 ÷ 2 x 0.08 ÷ 365 x £15,465.68 = £798.28 Injury to feelings: £1,830.61 Interest: 471 x 0.08 ÷ 365 x £10,000 = £1,032.33