Miss L Coates v N Mahboob and Interiors 4 Living Ltd: 1805045/2019

EMPLOYMENT TRIBUNALS
Case No 1805045/2019
Between
Miss L CoatesClaimantNaeem Mahboob Interiors 4 Living LtdRespondent
Before
Employment Judge JM Wade
Members
Mrs J BlesicMr J HowarthIn person for claimantMr H Percy-Raine (instructed by counsel) for respondentDate 6 August 2021

JUDGMENT

The complaint of wrongful dismissal is dismissed following withdrawal by the claimant. The claimant’s remaining claims proceed to further case management hearing. Employment Judge JM Wade Date: 30 June 2020 JUDGMENT SENT TO THE PARTIES ON: 1 July 2020 FOR THE TRIBUNAL OFFICE: E Mahon Case: 1805045/2019 1 EMPLOYMENT TRIBUNALS Claimant: L Coates Respondents:(1) N Mahboob(2) Interiors 4 Living Limited AT A HEARING Heard at: Leeds On: 3rd, 4th, 5th & 6th August 2021 Before: Employment Judge Lancaster Members: Mrs J Blesic Mr J Howarth Representation Claimant: In person Respondents: Mr H Percy-Raine, counsel JUDGMENT[1]The dismissal of the Claimant was a contravention of sections 13 and 39 of the Equality Act 2010 which prohibit direct discrimination because of disability.[2]The alternative complaint under section 15 of the Equality Act 2010 is therefore withdrawn from the tribunal’s consideration.[3]The First and Second Respondents are jointly and severally ordered to pay compensation to the Claimant in the total sum of £21,679.79, calculated as follows:3.1 Injury to feelings £15,000.00 Increase by reason of the unreasonable failure to comply with the ACAS Code of Practice on disciplinary procedures (10%) £1,500.00 Interest @ 8% per annum from 29th July 2019 to date £2,668.93 £19,168.933.2 Loss of net earnings 4 weeks to 2nd September 2019 £1,176.92 Loss of 4 weeks’ employer’s’ pension contributions £62.60 Job-seeking expenses £40.00 Shortfall in net earnings September 2019 to February 2021 £250.00 £1,592.52 Increase by reason of the unreasonable failure to comply with the ACAS Code of Practice on disciplinary procedures (10%) £152.96 £1.682.48 Case: 1805045/2019 2 Interest @ 8% per annum from the mid-point 29th July 2019 to date £136.08 £1,818.563.3 An award of 2 weeks’ pay under section 38 of the Employment Act 2002 for failure to provide a statement of the written terms and particulars of employment. £692.30