Miss T Martin v Wandsworth Council and others: 2303449/2021
JUDGMENT
The unanimous judgment of the Tribunal is as follows:[1]The following complaint of indirect disability discrimination made against the first and second respondents is well-founded and succeeds: a. Application of the school’s sickness policy to the claimant’s medical appointments, meaning that they were categorised as sickness absence and therefore would be unpaid.[2]The remaining complaints of indirect disability discrimination are not wellfounded and are dismissed.[3]The following complaint of failure to make reasonable adjustments made against the first and second respondents is well-founded and succeeds: a. The failure to take steps to continue the previous practice of paying the claimant in relation to her absence for specific medical appointments.[4]The remaining complaints of failure to make reasonable adjustments are not well founded and are dismissed. Case No:2303449/2021[5]The complaints of direct disability discrimination are not well-founded and are dismissed.[6]The complaints of unfavourable treatment because of something arising in consequence of disability is not well-founded and are dismissed.[7]The complaints of harassment related to disability are not well-founded and are dismissed.[8]The complaint of unfair dismissal is not well-founded. The claimant was not unfairly dismissed.[9]For the avoidance of any doubt, this means that all claims against the third and fourth respondents are dismissed.[10]Pursuant to the successful claims, the first and second respondents are jointly and severally liable to pay the claimant the following sums:a. Compensation for injury to feelings: £5,000b. Interest on compensation for past financial losses calculated in accordance with the Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996: £1,087.90