Miss C Turner v Ms K Mardon and Ms C Sellwood: 2304791/2021
JUDGMENT
[1]The claimant was unfairly dismissed.[2]Monkton Under 5 Playgroup discriminated against the claimant, contrary to section 15 of the Equality Act 2010, by:a. In December 2020 the Playgroup Manager (Ms Norris) and the first respondent informing the claimant that they had not been able to open the nursery for 3 weeks and this was her fault;b. From 20 May 2021 subjecting the claimant to a disciplinary / absence management process;c. On 25 May 2021 refusing or failing to provide the claimant with the answers and help she requested;d. On 1 June 2021 subjecting the claimant to a disciplinary / absence management hearing and the conduct of that hearing;e. On 14 June 2021 subjecting the claimant to a disciplinary / absence management hearing and the conduct of that hearing;f. Dismissing her; andg. On 24 September 2021 dismissing her appeal against dismissal.[3]Monkton Under 5 Playgroup discriminated against the claimant, contrary to section 21(2) of the Equality Act 2010, by failing to make the following reasonable adjustments:a. Having at least 3 staff (including the claimant) on duty in the setting when the claimant was working;b. Putting a care plan in case in respect of the claimant; andc. Implementing intermittent breaks during the day for staff, a protected lunch break and lunch to be had away from the setting[4]Monkton Under 5 Playgroup shall pay compensation to the claimant of £25,338.65 (with a further sum of £2,337.71 forming part of the monetary award but subject to a stay of enforcement due to recoupment provisions – see below), made up as follows:a. A basic award for unfair dismissal of £267.30;b. A compensatory award for unfair dismissal and discrimination of £5,143.72 plus £2,337.71 (inclusive of an uplift of 20% pursuant to section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992);c. Interest on b. at the rate of 8% from the date halfway between dismissal and today, in the sum of £510.71;d. Compensation for injury to feelings resulting from discrimination of £16,200.00 (inclusive of an uplift of 20% pursuant to section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992); ande. Interest on d. at the rate of 8% from the date of dismissal to today, in the sum of £3,216.92.[5]The complaint of unlawful deductions from wages is dismissed upon withdrawal.[6]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply:a. The total monetary award made to the claimant is £27,676.36;b. The prescribed element is £2,337.71;c. The dates of the period to which the prescribed element is attributable are 21 July 2021 to 14 June 2022;d. The amount by which the monetary award exceeds the prescribed element is £25,338.65.