Ms R HodgkinsonMs S RobinsonIn person for claimantDate 9 December 2021
JUDGMENT
[1]The claim that the claimant was unfairly dismissed pursuant to section 94–98 of the Employment Rights Act 1996 is well founded and succeeds.[2]The claim that the claimant was directly discriminated against by reason of his disability is not well-founded and is dismissed.[3]The claim of discrimination arising from disability is well-founded and succeeds[4]The claim of failure to make reasonable adjustments is well-founded and succeeds. Case Number: 1806703/2020 2[5]The claim of harassment related to the protected characteristic of disability is not wellfounded and is dismissed.[6]The claimant failure to pay the statutory minimum notice pay is well-founded and succeeds. A further hearing will be listed to deal with remedy. Employment Judge Shepherd Date: 9 December 2021 Note: Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. All judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case. Case Number: 1806703/2020 3 Case Number: 1806703/2020 1 EMPLOYMENT TRIBUNALS Claimant: Mr J Lombard Respondent: Michael Lupton Associates Limited Heard at: Leeds (by CVP) Before: Employment Judge Shepherd Members: Ms R Hodgkinson Ms S Robinson On: 16 March 2022 Representation Claimant: In person Respondent: Ms J Whitely (Solicitor Advocate) REMEDY JUDGMENT The unanimous judgment of the Tribunal is that the respondent is ordered to pay to the claimant the following sums: Unfair dismissal Basic Award £862.40 Compensatory award Case Number: 1806703/2020 2 Loss of statutory protection – £500.00 Loss of earnings - £959.32 This is a gross figure and subject to tax and national insurance. Increase on compensatory award for failure to follow the ACAS Code of Practice pursuant to section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 20% – £291.86 Total award for unfair dismissal £2613.58 Discrimination Injury to feelings – £8,000 Increase for failing to follow the ACAS Code of Practice20% – £1,600.00 Interest – £640.00 Total award for discrimination– £10,240.00