Mr R Sodano v Ensemble Software (UK) Ltd: 2214039/2023

EMPLOYMENT TRIBUNALS

Case No 2214039/2023

Between

Mr R SodanoClaimant

Ensemble Software (UK) LtdRespondent

Before

Employment Judge F Spencer

Mr Uduje (instructed by counsel) for claimant

Not represented for respondent

Date 19 December 2023

JUDGMENT

The Judgment of the Tribunal is that:(i) the Claimant’s claim of direct disability discrimination (section 13 of the Equality Act 2010) does not succeed .

(ii) the Claimant’s claim of harassment related to disability (section 26 of the Equality Act 2010) does not succeed.

(iii) the Claimant’s claim of discrimination arising from disability (section 15 of the Equality Act 2010) succeeds.

(iv) the Claimant’s claim of failure to make reasonable adjustments (sections 20 and 21 of the Equality Act 2010) succeeds.

(v) the Claimant’s claim of victimisation does not succeed. Case No. 2214039/2023 The issue of the appropriate remedy for the successful parts of the Claimant’s claim is adjourned to be heard on 22nd January 2024 by CVP REMEDY JUDGMENT Following the Judgment as to liability sent to the parties on 18 December 2023 the Judgment of the Tribunal is that: (i) Absent the unlawful discrimination there is a 40% chance that the Claimant would have been dismissed in any event. (ii) The Claimant’s claim for financial loss is reduced by 40%. (iii) There is no failure by the Claimant to mitigate his loss. (iv) The Claimant has not yet found a job. Loss is awarded at 60% from the date of dismissal to 4th July 2024. (v) The Tribunal makes an award for injury to feelings of £11,000 plus interest at 8% of £485. No additional award is made for personal injury. Case No. 2214039/2023

(vi) The Tribunal awards financial loss of £ 38,075.4 to include interest at 8% from the mid point calculated as follows:

a. Net annual loss- £58,349.40

b. Pension loss £2,550

c. Health insurance £1,200 £62,099.4 Less 40% £37,259.4 Add interest £ 816

£38,075.4

(vii) Pursuant to section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 the total award is increased by 10% for failures to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures.

(viii) The Respondent is ordered to pay the Claimant a total of £61,147.70 calculated as follows:

(ix) a. Net financial loss including interest £38,075.4 b. Injury to feelings award including interest £11,485 £49,560 c. ACAS uplift £ 4,956

£54,516.70

d. Grossing up £ 6,631

e. TOTAL TO PAY £61,147.7