Miss E Avery v Cavity Dental Staff Agency Ltd: 1811633/2018
JUDGMENT
[1]The complaint of disability discrimination by alleged failure to make reasonable adjustments fails.[2]The complaint of disability discrimination arising from disability also fails.[3]The claimant was unfairly dismissed and so her unfair dismissal complaint succeeds.[4]The award of compensation to the claimant is reduced by 50% to reflect the chance that the claimant would have been dismissed by reason of redundancy even if a fair procedure had been followed.[5]The claimant is not entitled to a basic award because she has already received a statutory redundancy payment.[6]The respondent will pay to the claimant forthwith the sum of £7248.62 as a compensatory award (calculated as per the schedule below).[7]The claimant is entitled to an additional award pursuant to Employment Act 2002 section 38 this being a minimum award of two week’s pay. The respondent will pay the further sum of £961.54 to the claimant forthwith. SCHEDULE Compensatory Award Calculation Immediate Loss Loss runs from 18.12.18 (expiry of payment in lieu of notice) to 4.7.18 28 weeks x £391.94 £10,974.32 (old net pay) Less payments received from new employment 6 weeks at £318.45 = £1910.70 17 weeks at £339.63 = £5773.71 7684.41 £3,289.81 Less 50% £1,644.95 £1,644.95 Immediate Pension Loss £350.10 Employer’s contribution at 2% then 3% of gross pay (Automatic Enrolment Scheme) £175.05 Less 50% £175.05 Expenses of seeking new employment – attending Interview in Sheffield £44.10 Less 50% £22.05 £22.05 Loss of Statutory Rights £350.00 Less 50% £175.00 £175.00 Future Loss 26 weeks at £391.94 pw £10,190.44 Less 50% £5,095.22 Future Pension Loss 26 weeks at £10.49 pw £272.74 Less 50% £136.37 £136.37 Summary Immediate loss 1664.95 Immediate pension loss 175.05 Expenses 22.05 Loss of statutory rights 175.00 Future loss 5095.22 Future pension loss 136.37 7248.62