Miss L Field v THG Holidays Ltd: 1600676/2019
JUDGMENT
[1]The Claimant’s claim of direct discrimination on the ground of her sex fails and is dismissed.[2]The Claimant was disabled at the relevant times for the purposes of section 6 of the Equality Act 2010 (“EqA”).[3]The Respondent failed to comply with its duty to make reasonable adjustments pursuant to section 20 EqA, and the Claimant’s claim under section 21 EqA therefore succeeds.[4]At the time the proceedings in this case were commenced, the Respondent was in breach of its duty to provide a written statement of initial employment particulars under section 1(1) of the Employment Rights Act 1996, and the award made to the Claimant is increased by an amount equal to four weeks’ pay, pursuant to section 38(3) of the Employment Act 2002(“EA”).[5]The Respondent is therefore ordered to pay the Claimant the following sums:(i) £2,371.03 in respect of loss of earnings;(ii) £5,000.00 in respect of injury to feelings;(iii) £1,115.40 in respect of the increased of the award under section 38(3) EA. i.e. a total sum of £8,486.43. 10.2 Judgment - rule 61 February 2018 Case No: 1600676/2019