Ms R Dias v Mad Deals Ltd T/a Magenta Flowers: 2301872/2022
JUDGMENT
Upon the Claimant not having the requisite service to bring an unfair dismissal claim he claim for unfair dismissal is dismissed. 24 May 2023 Sent to the parties on: 27 May 2023 ……………………………. For the Tribunal Office: ……...…………………….. Case Number 2301872/2022 Page 1 of 1 EMPLOYMENT TRIBUNALS Heard at: Croydon (by video) On: 28 November 2023 Claimant: Ms Rosanna Dias Respondent: Mad Deals Limited t/a Magenta Flowers Before: Employment Judge E Fowell Ms C Wickersham Mr N Shanks Representation: Claimant In Person Respondent No appearance JUDGMENT ON LIABILITY[1]By Rule 47 of the Employment Tribunal Rules of Procedure, the respondent having failed to attend the hearing, the response is dismissed.[2]The following complaints of discrimination on grounds of disability are upheld.(a) direct discrimination(b) victimisation(c) harassment[3]In particular, the claimant’s dismissal on 10 February 2022 was an act of direct discrimination and victimisation.[4]Compensation will be assessed at a further hearing on 15 February 2024 Employment Judge Fowell Date 28 November 2023 Case Number 2301872/2022 Page 1 of 2 EMPLOYMENT TRIBUNALS Heard at: Croydon (by video) On: 15 February 2024 Claimant: Mr Rosanna Dias Respondent: Mad Deals Limited t/a Magenta Flowers Before: Employment Judge E Fowell Mr N Shanks Mrs C Wickhersham Representation: Claimant In Person Respondent No appearance[1]The response having been struck out, judgment is entered for the claimant for(a) harassment under section 26 Equality Act 2010 and(b) discrimination arising from disability under section 15 Equality Act 2010.[2]The claimant is awarded compensation in the sum of £56,746.[3]That award is comprised of the following elements:(a) Financial Loss £10,726(b) Non-financial Loss £45,155[4]The Financial Loss is made up as follows(a) Loss of earnings from 10 February 2022 to 13 October 2022 £7,006(b) Expenses incurred in treatment £1575(c) ACAS uplift at 25% £2,145(d) Interest on the above to date from mid-point at 8% £865 Case Number 2301872/2022 Page 2 of 2(e) Sub-Total £11,591[5]The Non-Financial Loss is made up as follows(a) Injury to feelings £32,000(b) ACAS uplift at 25% £8,000(c) Interest at 8% from 10 February 2022 £5,155(d) Sub-Total £45,155