Karl Curd v Michael and Susan Dallyn T/a M Dallyn and Son: 2302428/2018
JUDGMENT
[1]The judgment of the Tribunal is that the claims for:(i) Accrued unpaid annual leave(ii) Breach of Contract (notice pay) Are dismissed upon withdrawal ________________________ Employment Judge MJ Downs Date: 21 February 2019[2]Case Number: 2302428/2018 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Mr K Curd Respondent: Michael and Susan Dallyn T/a M Dallyn & Son Heard at: London South On: 2 and 3 January 2020 Before: Employment Judge Khalil sitting with members Mrs S Lansley Ms S Evans Appearances For the claimant: Mr Percival (lay representative) For the respondent: Mr Henry, Counsel[4](1) The complaint of Unfair dismissal is well founded. The claimant was unfairly dismissed.(2) The complaint of disability discrimination for a failure to make reasonable adjustments succeeds because of the PCP of dismissing the claimant in May 2018 and without proper input from the claimant or any up to date medical evidence succeeds.(3) The complaint of indirect disability discrimination fails.(4) The Tribunal found there was an 80 % chance of the claimant’s dismissal from 1 August 2018 and a 100 % chance of the claimant’s dismissal from 18 February 2019.(5) The claimant’s total monetary award is £9940.38. This is made up of £8000 injury to feelings and £1013 interest and loss of earnings (£412.38), interest (£26), the net basic award (taking in to account the employer’s payment of £951.78 already made) (£39) and loss of statutory protection (£450).(6) The prescribed element is £412.38(7) The period to which the prescribed period relates is 2 June 2018 to 2 January 2020.(8) The monetary award exceeds the prescribed element by £9528.