Mr A Kinsey v Atechy Group Ltd: 2401534/2021
JUDGMENT
[1]Atechy Outsource Limited is removed as a respondent.[2]The claimant was employed by Atechy Group Limited, which, in this judgment, is referred to as “the respondent”.[3]The respondent discriminated against the claimant arising from his disability by dismissing him.[4]The respondent also discriminated against the claimant by failing to comply with the duty to make adjustments in the following respects: 4.1. Failing to provide the auxiliary aids of spell-checking software, grammarchecking software and screen-colour-adapting software; and 4.2. Failing to permit the claimant to work from home.[5]Damages are awarded for the totality of the three acts of discrimination.[6]For those three acts of discrimination, the respondent is ordered to pay the following damages: 6.1. For financial losses: £11,814.55; 6.2. For injury to feelings: £11,000.00;[7]These awards reflect the tribunal’s decision to increase the original awards of compensation by 10% under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 because the respondent unreasonably failed to comply with paragraphs 9 and 10 of the ACAS Code of Practice 1 – Disciplinary and Grievance Procedures. 1 of 4[8]Additionally, the respondent must pay the claimant £800.00 in interest.[9]The claimant’s request for an award of aggravated damages is refused.[10]The claimant’s complaints of unfair dismissal and breach of section 10 of the Employment Relations Act 1999 are dismissed following withdrawal by the claimant.[11]The total amount payable under this judgment is £23,614.55.