Mrs S Prytherch v Plas Gwyn Nursing Home Ltd: 1601454/2024
JUDGMENT
[1]The Claimant’s following claims are well-founded and succeed: 1.1. Unfair Dismissal: the Claimant was unfairly dismissed (and the dismissal was discriminatory – see below) on 29 April 2024. 1.2. Disability Discrimination – Discrimination Arising from Disability: the Claimant’s dismissal was unfavourable treatment because of something arising from a disability (absence from work). 1.3. Breach of Contract: The Respondent breached the Claimant’s contract in respect of Notice. 1.4. Holiday pay: the Respondent failed to pay to the Claimant holiday pay due to in the holiday years 2023- 2024, and 2024 – 2025.[2]The Claimant’s claim of Direct Disability Discrimination is not well-founded, fails, and is dismissed.[3]In respect of the Claimant’s successful claims, the Respondent shall pay to her the grand total of £46,996.16 (subject to deductions as indicated below*), made up as follows: 3.1. Unfair Dismissal: Basic Award: £2,296.80 3.2. Disability Discrimination: 3.2.1. Financial losses: 3.2.1.1. Loss of statutory rights: £510.40 3.2.1.2. Loss of pension contributions: £85.26 3.2.1.3. 3 months’ estimated future loss of income from January 2025: £5,469.51 3.2.1.4. Interest on financial losses at 8% for 3.5 months to the date of calculation: £141.52 3.2.2. Damages for Injury to Feelings: 3.2.2.1. Damages: £30,000 3.2.2.2. Interest at 8% for 7 months to the date of calculation: £1,400. 3.3. Breach of Contract – Notice pay*: £1,531.20 (subject to statutory deductions). 3.4. Holiday pay*: 3.4.1. 2023 – 2024: £ 2,858.24 subject to statutory deductions 3.4.2. 2024 – 2025: £227.26 subject to statutory deductions 3.5. Grossing up for tax: £2,475.87. An additional sum is due to the Claimant as provision for tax on the excess over £30,000, and taking account of Awards expressed as gross sums above*. 3.5.1. The above awards = £44,250.29 3.5.2. Deduct £30,000 3.5.3. Deduct a further £4,616.80 3.5.4. Total deductions: £34,616.80 3.5.5. Amount to be grossed up is £9,903.49 (£44,250.29 - £34,616.80) 3.5.6. £9,903.49 / 0.8 = 12,379.36 (the grossed up awards potentially subject to tax) 3.5.7. Additional tax provision is £12,379.36 - £9,903.49 = 2,475.87 3.6. The Recoupment Provisions do not apply.