Mr J Waddington v Arriva Rail North Ltd: 1804802/2018
JUDGMENT
[1]The complaints of a failure to make reasonable adjustments and of unfavourable treatment because of something arising in consequence of the Claimant’s disability, that is with regard to the Claimant being required to resume a period of sickness absence on 21st November 2017, succeed.[2]Any other complaints potentially appearing on the face of the pleadings are dismissed upon withdrawal[3]The Respondent is ordered, pursuant to section 124 of the Equality Act 2010, to pay to the Claimant compensation calculated as follows:3.1 Loss of earnings (net) for 16 weeks whilst on ½ pay during sickness absence as compared to full pay on alternative duties £4603.993.2 Uplift of 25 per cent awarded by the Tribunal at its discretion under section 207A Trade Union & Labour Relations (Consolidation) Act 1992 £1151.003.3 Interest at 8 per cent per annum from the midpoint between the act of unlawful discrimination and today (137 days) £172.813.4 Compensation for injury to feelings £6000.00 Case: 1804802/20183.5 Uplift of 25 per cent awarded by the Tribunal at its discretion under section 207A Trade Union & Labour Relations (Consolidation) Act 1992 £1500.003.6 Interest at 8 per cent per annum from the date of the unlawful discrimination until today (274 days) £450.41[4]The total award of the tribunal is therefore £13,878.21 Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a written request is presented by either party within 14 days of the sending of this written record of the decision.