Mr R Ahmed v Asda Stores Ltd: 1807407/2020
JUDGMENT
[1]The claims of failure to meet the duty to make adjustments succeed in relation to the practices relating to working until 5pm, meeting targets for number of calls answered, completing administrative tasks, comfort break targets and immediate implementation of policy changes.[2]All other claims of failure to meet the duty to make adjustments fail.[3]The claims of harassment related to disability fail.[4]The Respondent shall pay the Claimant compensation of £14,000 and interest of £1,120 under the Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996, giving a total award of £15,120. Employment Judge Cox Date: 3 September 2021 Note: Reasons for this Judgment having been given orally at the Hearing, written reasons will be provided only if requested by either party in writing within 14 days of this Judgment being sent to the parties. Case No. 1807407/2020 1 EMPLOYMENT TRIBUNALS Claimant: Mr R Ahmed Respondent: Asda Stores LimitedREASONS
[1]The Claimant’s application is based on his assertion that the Tribunal used an incorrect figure for his annual salary when deciding what to award him for injury to his feelings. The Tribunal assumed his salary was in the region of £17,000 whereas it was in fact over £19,000 gross.[2]The application is based upon two misunderstandings. First, the Tribunal took the Claimant’s net, not gross, salary into account when deciding what the appropriate award was for injury to his feelings. Secondly, the award was not intended directly to reflect the Claimant’s salary. Rather, his net salary was taken into account only in order to give the Tribunal some indication of what the size of the award would mean for the Claimant in practical terms.[3]As the Tribunal does not consider there to be any reasonable prospect of its Judgment being varied or revoked, the Claimant’s application for reconsideration is refused under Rule 72(1) of the Tribunal’s Rules of Procedure.