Mr J Wilkes v Guardian Industrial (UK) Ltd and Lakeside Construction Ltd: 1402887/2022
JUDGMENT
It is the unanimous judgment of the Tribunal that:[1]The correct Respondent to the claim is Guardian Industrial (UK) Limited. The proceedings against Lakeside Construction Limited are dismissed.[2]The complaint of unfavourable treatment because of something arising in consequence of disability is well-founded and succeeds.[3]The complaint of failure to make reasonable adjustments for disability is not well-founded and is dismissed.[4]The following complaint of victimisation is well-founded and succeeds: a. Requiring the Claimant to send daily site diaries for Elmcroft to prove his attendance on days when he had medical appointments.[5]The remaining complaints of victimisation are not well-founded and are dismissed. Case No: 1402887/2022[6]The complaint that the Claimant’s resignation amounted to a discriminatory dismissal pursuant to s.39(7) of the Equality Act 2010 fails and is dismissed.[7]The holiday pay complaint fails and is dismissed.[8]When the proceedings were begun the Respondent was in breach of its duty to provide the Claimant with a written statement of particulars of change pursuant to s.4 of the Employment Rights Act 1996. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is not just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with s.38 of the Employment Act 2002 any award of compensation to the Claimant will be increased by two weeks’ pay (capped at £571 per week).[9]A three-hour remedy hearing will take place by video at 10am on 20 December 2023. Instructions for joining the hearing will be sent to the parties in due course. REMEDY JUDGMENT It is the unanimous judgment of the Tribunal that:[1]The Claimant is awarded compensation for injury to feelings of £2,500 plus interest of £250.96.[2]In accordance with s.38 of the Employment Act 2002 the award of compensation is increased by £1,142.[3]The Respondent must pay the Claimant the total sum of £3,892.96. 10.2 Judgment - rule 61 Case No: 1402887/2022