Mr R Spycher v Mitie Ltd: 2301429/2020
JUDGMENT
[1]The claimant was treated unfavourably because of something arising in consequence of his disability, contrary to s15 Equality Act 2010, in that he was selected for redundancy and dismissed;[2]The claimant was not subjected to direct age or disability discrimination contrary to s13 Equality Act 2010;[3]The claimant was not subjected to indirect discrimination by reason of his disability contrary to s19 Equality Act 2010; and[4]The claimant was unfairly dismissed. Employment Judge Barker Date: 6 May 2022 Case Number: 2301429/2020 1 EMPLOYMENT TRIBUNALS Claimant: Mr R Spycher Respondent: Mitie Ltd Held at: London South Employment Tribunal On: 30 August 2022 Before: Employment Judge Barker Ms S Lansley Ms N O’Hare Representation: Claimant: Respondent: Ms Sullivan, solicitor Mr Rozycki, counsel[1]Losses from 5 weeks after the date of termination (to take account of the payment in lieu of notice), that is, 5 March Case Number: 2301429/2020 2 2020, to the date of this remedy hearing (30 August 2022), a period of 909 days at a net daily wage of £62.79, plus pension contributions of 3% of salary and life cover benefits amounting to £88.50 per month, a total of £59,725; and[2]Interest thereon at the rate of 8% from the mid-point of the period of loss to the date of calculation, a period of 454 days, being £5943; £500 for loss of statutory rights;[4]Future loss of earnings and benefits from the date of calculation to the date three years from the effective date of termination (28 January 2023), a period of 150 days, which is £9,855. e. The claimant is awarded injury to feelings for disability discrimination of £10,000, plus interest of 8% calculated from the date of the discriminatory act (29 January 2020) to the date of calculation, which is 944 days, which interest amounts to £2069, making the total award for injury to feelings £12069. This discrimination arose in connection with the termination of the claimant’s employment and this part of the award is therefore taxable. f. All of the sums above are taxable where they exceed £30,000 and therefore must be grossed up at the marginal rate of tax of 20%. g. The total sum awarded is £88,092, of which £58,092 is taxable. Grossing-up this element of the award results in a sum of £72,615. h. The total sum payable to the claimant is therefore £30,000 plus £72,615, which is £102,615. The Recoupment Regulations do not apply to this judgment and award of compensation.