Ms H Olaiya v Sunrise Mental Health Ltd: 2301922/2018
EMPLOYMENT TRIBUNALS
Case No 2301922/2018
Between
Ms H OlaiyaClaimantSunrise Mental Health LtdRespondent
Before
Employment Judge John CrosfillIn person for claimantMrs Tanya Nguyen for respondentDate 21 February 2019
JUDGMENT
[1]The Claimant’s claim that she was discriminated against contrary to Section 18 and 39 of the Equality Act 2010 succeeds.[2]The Claimant’s claim that she was discriminated against contrary to Section 13 and 39 of the Equality Act 2010 succeeds but no separate award of compensation is made as it arises out of the same facts as the claim under Section 18.[3]The Claimant’s claim for unlawful deductions of wages (Statutory Maternity Pay) is not well founded and is dismissed.[4]The Claimant’s claim for unfair dismissal contrary to Part X of the Employment Rights Act 1996 is not well founded and is dismissed. The Claimant was not dismissed by the Respondent.[5]By consent the Respondent is ordered to pay the Claimant the sum of £2520 representing the loss of wages suffered by the Claimant between 30 April 2018 and 17 July 2018; and[6]The Respondent is ordered to pay the Claimant the sum of £2,500 injury to feelings.[7]The Claimant is awarded interest at a rate of 8% from 8 June 2018 (the midpoint between 30 April and 17 July) to 20 February 2018 on the sum of Case No: 2301922/2018 £2,520.00 = 0.08 x 259(days)/365 x £2,520 = £143.05 and the Respondent is ordered to pay that sum[8]The Claimant is awarded interest at a rate of 8% from 30 April 2018 to 20 February 2019 on the sum of £2,500.00 = 0.08 x 297(days)/365 x £2,500 = £ 162.74 and the Respondent is ordered to pay that sum.[9]The recoupment regulations do not apply to the said awards.