Mr I Evans v Eva-Lution Property Services: 1600535/2022
EMPLOYMENT TRIBUNALS
Case No 1600535/2022
Between
Mr I EvansClaimantEva-Lution Property ServicesRespondent
Before
Employment Judge S JenkinsDate 5 October 2022
JUDGMENT
The complaint of unfair dismissal is struck out.
REASONS
[1]By a letter dated 8 June 2022 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the complaint of unfair dismissal should not be struck out because of insufficient service.[2]The claimant has failed to make representations in writing why this should not be done. The complaint of unfair dismissal is therefore struck out.[3]The claimant’s remaining claim for disability discrimination remains. _____________________________ Employment Judge S Jenkins Date 24 June 2022[1]The Claimant’s claim for unfair dismissal is dismissed. Under section 108(1) Employment Rights Act 1996, to bring an unfair dismissal claim, an employee must have at least 2 years’ continuous employment with their employer at the time they were dismissed; the Claimant accepts he did not have 2 years’ continuous employment and the Tribunal does not have jurisdication to consider this claim.[2]The Claimant’s claims of disability discrimination (failure to make reasonable adjustments (s20 & 21 Equality Act 2010) and discrimination arising from disability (s15 Equality Act 2010) namely dismissing the Claimant because of something that arose in consequence of his disability (his difficulty working full time and working at the office)) succeed.[3]Regarding compensation for disability discrimination, the Claimant successfully mitigated his loss and was able to find alternative employment within 6 weeks of dismissal. He is seeking loss of earnings for 6 weeks and the lowest possible award for injury to feelings.[4]The Respondent is ordered to pay the claimant compensation for disability discrimination as follows:a. the sum of £1,404 for loss of earnings; andb. the sum of £990 for injury to feelings.[5]The Respondent owes the Claimant the total amount of £2,394 which should be paid to the Claimant without deductions for tax or national insurance.[6]The Employment Protection (Recoupment of Jobseekers Allowance & Income Support) Regulations 1996 do not apply to this award. Case No: 1600535/2022[7]Interest will accrue at a rate of 8% per annum on any amount of this award that remains unpaid 14 days after the date of this judgment. (See Article 3 (1) Employment Tribunals (Interest) Order 1990)