Mr Tony Craig v Bowman Haulage Ltd and Mr Damian Bowyer: 1402540/2018
JUDGMENT
Employment Tribunal Rules of Procedure 2013 – Rule 21[1]The claim of unfair dismissal against the first respondent is well founded.a. The claimant is entitled to a basic award for unfair dismissal of £8,365.83.b. The claimant would be entitled to a compensatory award of £2,321.06. This is increased by 25% as a result of the first respondent’s unreasonable failure to comply with the ACAS Code of Practice. The tribunal therefore orders the first respondent to pay the claimant a compensatory award of £2,901.33.[2]The claim of wrongful dismissal against the first respondent is well founded. a. The tribunal orders the first respondent to pay the claimant compensation for wrongful dismissal of £3,457.09.[3]The claim against the first respondent, of failure to pay outstanding holiday pay, is well founded.a. The tribunal orders the first respondent to pay the claimant holiday pay of £780.00b. This sum has been ordered gross, and may be liable for deductions for tax and national insurance.[4]The claim against the first respondent, of failure to provide itemised pay statements, is well founded. Case Number: 1402540/2018[5]The claim against both respondents, of direct disability discrimination, is well founded.[6]The claim against both respondents, of discrimination arising from disability, is well founded.[7]The claim against both respondents, of indirect disability discrimination, is well founded.[8]The claim against both respondents, of failure to make reasonable adjustments, is well founded.a. The claimant would be entitled for compensation for injury to feelings (caused by the discrimination) of £10,000. This is increased by 25% because of the respondents’ unreasonable failure to comply with the ACAS Code of Practice. The tribunal therefore orders the respondent to pay the claimant compensation for discrimination of £12,500.b. Interest on the above sum is payable in the amount of £35.62.[9]The Recoupment Regulations do not apply