Ms T Kilmartin v Sheirs Solicitors Ltd: 1800563/2019
JUDGMENT
The claimant’s complaints are determined as follows:[1]Constructive unfair dismissal is not well founded.[2]Section 15 disability discrimination (interrogated and criticised concerning a missed recovery of vehicle damage payment in December 2017) fails for reasons of limitation.[3]Disability related harassment, Section 15 discrimination and victimisation concerning “daily harassment” in relation to discrepancies with Access to Work taxi claims, fail.[4]Failures to make reasonable adjustments based on(i) pay deducted due to sick leave;(ii) “clawback”; and(iii) adjusted finish times fail.[5]Direct discrimination because of race, religious belief and/or sex concerning pay deducted for time off, fails.[6]Direct discrimination (race and sex) in relation to being forced to negotiate an early finish time on 25 September 2018, fails as a race discrimination complaint and succeeds as a sex discrimination complaint.[7]Direct discrimination because of religious belief by the refusal of paid time off on Christmas Eve and Maunday Thursday, fails.[8]Harassment related to race and/or religion by the conduct of colleague ZB on 12 October 2018 fails.[9]Harassment related to race and/or religion by the incitement of a colleague to present a grievance fails. Case Number: 1800563/2019