Mr G Hudson v MPS Housing Ltd: 1601634/2021
JUDGMENT
[1]The claimant was constructively unfairly dismissed by the respondent on 16th June 2021. His claim of Unfair Dismissal is well-founded and succeeds.[2]At all material times the claimant was a disabled person and the respondent had knowledge of disability.[3]The claimant’s claims of disability discrimination fail and are dismissed, namely:a. Discrimination arising from disabilityb. Harassmentc. Failure to make reasonable adjustments.[4]The claimant’s claim that the respondent breached his contract of employment with regard to the payment of utility bills and expenses fails and is dismissed.[5]The claimant’s claim that he was entitled to a redundancy payment is dismissed upon withdrawal. REMEDY JUDGMENT The unanimous remedy judgment of the Tribunal, further to the liability judgment of 22nd March 2023, sent to the parties on 5th April 2023, is:[1]By consent, the claimant is entitled to a Basic Award of £2,176.[2]By consent, the claimant’s net weekly pay whilst employed by the respondent was £574.67, and he was entitled to an employer’s pension contribution of 3% of that sum.[3]It would be just and equitable to award the claimant 28 weeks’ losses in accordance with s.123 Employment Rights Act 1996.[4]The social security benefit recoupment provisions do not apply.[5]The respondent shall pay to the claimant the total sum of £16,250.48, made up as follows: BASIC AWARD: £2,176.00. COMPENSATORY AWARD: £14,074.48 comprising: 1. Loss of earnings 16th June 2021 – 31st December 2021, 28 weeks at £574.67 (agreed net weekly pay) = £16,090.76 plus 2. . Loss of pension: agreed at £482.72 Case Number: 1601634/2021 £16,573.48 less agreed earnings of £ 2,499.00 net loss of earnings £14,074.48