Miss L Smith v SHARE Multi-Academy Trust: 1804630/2020
JUDGMENT
[1]The claimant was unfairly dismissed by the respondent.[2]Had the respondent adopted a fair procedure, the claimant would have been dismissed and it is not just and equitable to make a compensatory award.[3]The respondent shall pay to the claimant a basic award of £349.89.[4]The respondent unlawfully discriminated against the claimant as a disabled person, in unfavourably treating her by suggesting she consider resigning and wrongly stating that part-time work could not be accommodated in a referral to occupational health advisers. That was because of the claimant’s inability to return to work at that time and arose from her disability. It was not justified.[5]It is just and equitable for the discrimination claim to be brought within the further period of five months. Case No. 1804630/2020 V[6]The respondent shall pay to the claimant compensation of £10,100 (being £9,100 for injury to feelings and £1,000 interest) for the discrimination.[7]The decision is one on which all members of the Tribunal agree.