Mrs W Jackson v John Patt’s Ltd: 1402404/2021

EMPLOYMENT TRIBUNALS
Case No 1402404/2021
In PersonClaimantMr E. Oarith (Counsel) CONSENT JUDGMENT By consent: 1. The Claimant was at all material times a disabled person including because of Chronic Obstructive Pulmonary Disease. 2. The Respondent unfairly dismissed the Claimant by counting disability- related absences in scoring in a redundancy exercise. 3. The Respondent discriminated against the Claimant contrary to s.15 of theRespondent
Employment Judge SmailIn person for claimantMr E. Oarith (instructed by Counsel) for respondentDate 29 November 2022
[1]The Claimant was at all material times a disabled person including because of Chronic Obstructive Pulmonary Disease.[2]The Respondent unfairly dismissed the Claimant by counting disabilityrelated absences in scoring in a redundancy exercise.[3]The Respondent discriminated against the Claimant contrary to s.15 of the Equality Act 2010 by dismissing her, the circumstances of her dismissal (not wearing a mask because of medical exemption from the same) arising from her disability.[4]The Respondent discriminated against the Claimant by failing to make a reasonable adjustment, contrary to s.20 of the 2010 Act, in respect of her Chronic Obstructive Pulmonary Disease by failing to allow her to work without a mask.[5]The Respondent must pay the Claimant compensation in the sum of £10,975.40 within 14 days. Case Number: 1402404/2021 2[6]£10,000 of the £10,975.40 is awarded by consent in respect of injury to feelings. _________________________________ Employment Judge Smail Date: 29 November 2022 South West Region Judgment sent to the parties on 06 December 2022 By Mr J McCormick For the Tribunal Office _________________________________