Miss T Macdonald v TMSG Ltd T/a Tu Care: 2303484/2022
JUDGMENT
The complaint of unfair dismissal is struck out.REASONS
The claimant did not have the necessary two-year qualifying period of service at the date of dismissal, as required by section 108 Employment Rights Act 1996. Employment Judge Fowell Date 22 January 2024 Case Number: 2303484/2022 1 THE EMPLOYMENT TRIBUNAL BETWEEN Claimant and Respondent Miss T Macdonald TMSG Limited t/a Tu Care Held at London South On 8 9 and 10 April 2024 BEFORE: Employment Judge Siddall Mrs N Christofi Mr K Murphy Representation For the Claimant: In person For the Respondent: Ms J Doxford JUDGMENT The decision of the tribunal is that:[1]The claim for discrimination arising from a disability under section 15 of the Equality Act 2010 is well founded and it succeeds.[2]The Claimant is awarded three months’ loss of earnings and pension contributions in the amount of £3615.30.[3]The Claimant is awarded a sum for injury to feelings in the amount of £5000.[4]The tribunal awards interest on the above sums in the amounts of £26.30 and £737 respectively.[5]The total award made to the Claimant is £9379.10. Case Number: 2303484/2022 2[6]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to this award.[7]The amount of the prescribed element is £3615.30[8]The dates of the period to which the prescribed element is attributable is 17 June to 16 September 2022.[9]The amount by which the monetary award exceeds the prescribed element is £5763.80.