Ms L Dziegiel v Mr A Mohamed and Shady Coffee Ltd: 2401490/2024 and 2402126/2024
JUDGMENT
[1]The following complaints against both respondents of unfavourable treatment because of something arising in consequence of disability are well-founded and succeed: 4.1.2(c) (blocking the claimant on WhatsApp); 4.1.3 (contacting the claimant’s GP surgery); and 4.1.5 from 12 September 2023 onwards (late payment).[2]Complaint 4.1.2(a) (telling other staff of the intention to issue a final warning) against the second respondent of unfavourable treatment because of something arising in consequence of disability is well-founded and succeeds.[3]The remaining complaints of unfavourable treatment because of something arising in consequence of disability are not well-founded and are dismissed.[4]The following complaints of harassment related to disability against both respondents are well-founded and succeed: 4.1.2(c) (blocking the claimant on WhatsApp); and 4.1.3 (contacting the claimant’s GP surgery).[5]Complaint 4.1.2(a) (telling other staff of the intention to issue a final warning) against the second respondent of harassment related to disability is wellfounded and succeeds.[6]The remaining complaints of harassment related to disability are not wellfounded and are dismissed.[7]The complaint of indirect disability discrimination against both respondents was not presented within the applicable time limit, but it is just and equitable to extend the time limit.[8]The complaint of indirect disability discrimination against both respondents is well-founded and succeeds.[9]The respondents unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures and it is just and equitable to increase the awards payable to the claimant by 15% in accordance with section 207A of the Trade Union & Labour Relations (Consolidation) Act 1992.[10]The respondents shall pay the claimant £2,591.64 damages for past losses (including the uplift).[11]The respondents shall pay the claimant £9,200 damages for injury to feelings (including the uplift).[12]The respondents shall pay to the claimant £264.99 as interest on the damages awarded for past financial losses.[13]The respondents shall pay to the claimant £1,881 as interest on the damages awarded for injury to feelings