Mr D Cole-Jones v Ocado Central Services Ltd: 2301899/2020
JUDGMENT
The complaint of pregnancy/maternity discrimination is dismissed on withdrawal by the claimant. Employment Judge Tsamados Date 3 March 2022 Public access to Employment Tribunal Judgments All judgments and written reasons for the judgments are published online shortly after a copy has been sent to the Claimant(s) and Respondent(s) in a case. They can be found at: www.gov.uk/employment-tribunal-decisions. Case No: 2301899/2020 EMPLOYMENT TRIBUNALS Claimant: Mr D Cole-Jones Respondent: Ocado Central Services Ltd Heard at: Croydon (via CVP) On: 2, 3, 4, 5, 6, 9 and 10 October 2023 Before: Employment Judge Leith Dr S Chacko Mr C Rogers Representation Claimant: In person Respondent: Ms Step Marsden (Counsel) – liability (days 1 – 5) Mr Lawrence (Counsel) – judgment and remedy (days 6 and 7) JUDGMENT[1]The complaint of failure to make reasonable adjustments succeeds in part, in respect of the failure to implement the phased return to work recommended by Occupational Health on 29 November 2018.[2]The remaining parts of the complaint of failure to make reasonable adjustments fail and are dismissed.[3]The complaint of discrimination arising from disability fails and is dismissed.[4]The complaint of direct sex discrimination fails and is dismissed.[5]The complaint of unfair dismissal fails and is dismissed.[6]The complaint of breach of contract (notice pay) is dismissed upon withdrawal.[7]In respect of the complaint which succeeds, the tribunal awards the sum of £8,271.35, made up as follows:a. £1,494.17 for loss of earnings (in respect of the period from 29 November 2018 to 10 January 2019);b. £230.88 for interest on loss of earnings (calculated at 8% for 705 Case No: 2301899/2020 days, the period from the date halfway between 29 November 2018 and 10 October 2023, to 10 October 2023)c. £5,000 for injury to feelings;d. £1,546.30 for interest on injury to feelings (calculated at 8% for 1,411 days, being the period from 29 November 2018 to 10 October 2023) Employment Judge Leith Date: 10 October 2023 Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Case No: 2301899/2020 EMPLOYMENT TRIBUNALS Claimant: Mr D Cole-Jones Respondent: Ocado Central Services Ltd Heard at: Croydon (via CVP) On: 2, 3, 4, 5, 6, 9 and 10 October 2023 Before: Employment Judge Leith Dr S Chacko Mr C Rogers Representation Claimant: In person Respondent: Ms Step Marsden (Counsel) – liability (days 1 – 5) Mr Lawrence (Counsel) – judgment and remedy (days 6 and 7)[1]The complaint of failure to make reasonable adjustments succeeds in part, in respect of the failure to implement the phased return to work recommended by Occupational Health on 29 November 2018.[2]The remaining parts of the complaint of failure to make reasonable adjustments fail and are dismissed.[3]The complaint of discrimination arising from disability fails and is dismissed.[4]The complaint of direct sex discrimination fails and is dismissed.[5]The complaint of unauthorised deduction from wages fails and is dismissed.1[6]The complaint of unfair dismissal fails and is dismissed.[7]The complaint of breach of contract (notice pay) is dismissed upon withdrawal. 1 The Tribunal’s decision and reasons regarding the complaint of unauthorised deduction from wages were provided to the parties orally at the hearing. The decision was, however, accidentally omitted from the version of this Judgment originally sent to the Parties. Case No: 2301899/2020[8]In respect of the complaint which succeeds, the tribunal awards the sum of £8,271.35, made up as follows:a. £1,494.17 for loss of earnings (in respect of the period from 29 November 2018 to 10 January 2019);b. £230.88 for interest on loss of earnings (calculated at 8% for 705 days, the period from the date halfway between 29 November 2018 and 10 October 2023, to 10 October 2023)c. £5,000 for injury to feelings;d. £1,546.30 for interest on injury to feelings (calculated at 8% for 1,411 days, being the period from 29 November 2018 to 10 October 2023)