E Solek v Lucinda Ellery Ltd: 2216714/2024 E Solek v Lucinda Ellery Ltd: 2216714/2024
JUDGMENT
[1]The complaint of unfair dismissal is not well-founded and is dismissed.[2]The complaint of unfavourable treatment because of something arising in consequence of disability is well-founded and succeeds.[3]The complaint of failure to make reasonable adjustments for disability based on PCP1, “application of the respondent’s attendance and absence management policies to its employees”, is well-founded and succeeds. The remaining complaints of failure to make reasonable adjustments for disability are not wellfounded and are dismissed.[4]The Tribunal declines to make a recommendation.[5]The respondent shall pay the claimant the following sums as compensation for discrimination: Case number 2216714/24a. Compensation for past financial losses: £1,600.35;b. Interest on compensation for past financial losses: £119.18;c. Compensation for future financial losses: £0;d. Compensation for injury to feelings: £11,200;e. Interest on compensation for injury to feelings: £1,666.81. TOTAL £14,586.34[6]The amount awarded for past financial loss has been reconsidered on the Tribunal’s own initiative. This is because the figure given in oral judgment was mistakenly calculated based on the claimant’s gross earnings of £2,500 monthly and £576.90 weekly, when it is correct to use net earnings. The loss awarded to the claimant has been calculated based on the claimant’s net earnings of £1881.01 monthly and £434.08 weekly. These net amounts have been calculated using the net monthly pay figure specified in the claimant’s schedule of loss, which was not challenged by the respondent. Other than this amendment, the calculation is as given in the oral judgment.[7]The award of interest has been calculated in accordance with the Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996. Approved by: