Mr M Fogg v Complete Review Ltd: 2402195/2023
JUDGMENT
[1]The claimant's claim that he was dismissed because of something arising in consequence of disability pursuant to section 15 Equality Act 2010 is wellfounded and succeeds.[2]The claimant’s claim that he was treated unfavourably by the respondent who subjected him to threats of violence, used force against the claimant by poking him in the chest, ordered the claimant to leave the premises immediately and told the claimant to resign because of something arising in consequence of his disability is well-founded and succeeds.[3]The claimant's claim that the respondent treated the claimant unfavourably by demoting the claimant in his job, replacing the claimant in his role and decreasing the claimant's pay pursuant to section 15 Equality Act 2010 is not well-founded and does not succeed because although the Tribunal accepts the claimant was demoted in his job, was replaced in his role and his pay was due to be decreased, this was not because of something arising in consequence of the claimant's disability.[4]The claimant's claim that the respondent ordered the claimant to move his car and no longer use a parking space because of something in consequence of disability pursuant to section 15 Equality Act is not well-founded and fails. Case No. 2402195/2023 Notice Pay[5]The claimant’s claim for unlawful deductions from wages in relation to a four week ( rather than 1 week) notice period is not well-founded and fails. Remedy[6]The claim will proceed to remedy on 24 September 2024.[1]Injury to feelings: £10,000, inclusive of interest.[2]Loss of earnings from 18 November 2022 to 10 April 2023: £7,674.90.[3]Uplift for failure to follow ACAS Disciplinary Code of Practice in relation to the claimant’s dismissal on 17 November 2022 – an uplift of 10%.[4]We make no deduction for contributory fault and no deduction on the basis of the principle in the case of Polkey v A E Dayton Services.[5]The total award is £17,674.90 plus 10% uplift of £1,767.49 = £19,442.39.[6]The respondent must pay the sum of £ 19,442.39 to the claimant within 14 days of the date of this Judgment.