Ms A Searle v Every Sensation Care Ltd and Mr T Younas: 1805208/2021

EMPLOYMENT TRIBUNALS

Case No 1805208/2021

Between

Ms A SearleClaimant

Every Sensation Care Ltd and Mr T YounasRespondent

Before

Employment Judge Maidment

Members

Mr T Downes

Mr D Pugh

Mr A Effiong (instructed by lay representative) for claimant

Mr R Dunn (instructed by Counsel) for respondent

Ms N Twine (instructed by counsel) for respondent

Date 14 December 2022

JUDGMENT

The claimant was at all material times from 2 June 2021 (only) a disabled person by reason of depression and anxiety. Employment Judge Maidment Date 27 October 2022 1805208/2021 EMPLOYMENT TRIBUNALS Claimant Respondents Ms A Searle v Every Sensation Care Ltd(1) Mr T Younas

(2) Heard: In Leeds by CVP On: Adjourned to 14 December 2022 Before: Employment Judge JM Wade Mr T Downes Mr D Pugh Representation: Claimant: Mr A Effiong, lay representative Respondents: Ms N Twine, counsel The unanimous decisions of the Tribunal are: JUDGMENT

[1]The first respondent shall pay to the claimant the following Compensatory Award: £42, 378.20, comprising £29,851.64 past pecuniary loss and £12,026.56 future loss and £500 for lost statutory rights.

[2]The Prescribed Period is 4 August 2021 to 14 December 2022. The Prescribed Amount is £29, 851.64.

[3]The Tribunal’s award for pecuniary loss arising but for the respondent’s contravention of the Equality Act is £41, 878,20, which is subsumed in the award above.

[4]The Tribunal applies a 10% increase to the Equality Act Award in the sum of £4187.82, and awards interest on the pecuniary loss of £ 2763.961. 1 The Tribunal announced the figure of £2512.69 to the parties subject to a need to check the order in which interest and ACAS uplift should be applied. That correct order results in interest on the ACAS uplift also. Interest is assessed at the midpoint rather than for the full period. 1805208/2021

[5]The Tribunal makes a further award of £5000 in respect of aggravated conduct concerning the fiirstst respondent’s conduct in relation to the reference issue.

[6]The Tribunal finds the removal of redaction in the claimant’s medical records to be unintentional and makes no further award in respect of this.

[7]The amount by which the total sums payable exceed the Prescribed amount is £24,478.14.

[8]The recoupment regulations apply to the Compensatory Award made above.2

[9]The total sum awarded today, in addition to the sums awarded at the conclusion of the November hearing is £54, 329.78. Employment Judge JM Wade 14 December 2022 2 The Tribunal considered it in the interests of justice to designate the principal pecuniary loss pursuant to the Employment Rights Act 1996 because it did not otherwise be confident today that the approprirate credit would be given for UC/ESA from August until today. Case Number: 1805208/2021 EMPLOYMENT TRIBUNALS Claimant: Ms A Searle Respondent: Every Sensation Care Ltd (R1) Mr T Younas (R2) HELD by CVP ON: 21-25 November 2022 BEFORE: Employment Judge Wade Members: Mr T Downes Mr D Pugh REPRESENTATION: Claimant: Mr A Effiong, lay representative Respondent: Ms N Twine, Counsel Note: A summary of these reasons was provided orally in an extempore Judgment delivered on 25 November 2022, which was sent to the parties on 28 November 2022. A request for the written reasons was received from the claimant on 3 December 2022. The reasons below, corrected for error and elegance of expression, are now provided in accordance with Rule 62 and in particular Rule 62(5) which provides: In the case of a judgment the reasons shall: identify the issues which the Tribunal has determined, state the findings of fact made in relation to those issues, concisely identify the relevant law, and state how the law has been applied to those findings in order to decide the issues. For convenience the Judgment given on 25 November is also repeated below:

[1]The claimant’s constructive unfair dismissal complaint against the first respondent is well founded and it shall pay to her the sum of £2176 as a Basic Award.

[2]The claimant’s allegation of disability related harassment concerning questions posed to her GP without her consent succeeds, and the Tribunal awards £17,000 as compensation for injury to feelings/exacerbation of a psychiatric injury and £1856.92 in interest, for which they are jointly and severally liable.