Ms K Adams v TY Golfal Ltd: 1600909/2021
JUDGMENT
[1]Wages: By the respondent’s concession, the respondent made unauthorised deductions for the claimant’s wages and shall pay to the claimant 12 hours pay at the rate of £8.91 per hour subject to the usual statutory deductions.[2]Disability: at all material times, from the claimant’s 26th April 2021 job interview to her 3rd June 2021 formal post-termination grievance, the claimant was a disabled person.[3]Harassment related to the protected characteristic of disability:3.1 The respondent harassed the claimant in relation to the protected characteristic of disability at a meeting on 5th May 2021 when, during the course of his employment, a Deputy Manager said to the claimant "you will not get special treatment just because of your mental health".3.2 The parties agreed a settlement in respect of remedy for the above harassment claim; the remedy hearing is stayed for the terms to be effected by no later than 5th April 2022; if neither party applies for the remedy hearing to be restored before 12th May 2022 the claimant’s claim for a remedy pursuant to the above liability judgment will be dismissed on deemed withdrawal. Case Number: 1600909/20213.3 The claimant’s other claims of harassment fail and are dismissed.[4]Victimisation:4.1 The claimant did a protected act when she wrote to the respondent on 8th May 2021 in reference to the said meeting of 5th May 2021, and when CAB sent a formal grievance letter to the respondent on her behalf on 3rd June 2021;4.2 The respondent did not subject the claimant to any detriment because of her protected acts. The claimant’s claim of victimisation fails and is dismissed.