Mrs L Hall v Lotus Care (Cressingham Court) Ltd: 2402588/2019
JUDGMENT
The unanimous judgment of the tribunal is as follows:[1]The respondent did not discriminate against the claimant because of disability.[2]The respondent did not discriminate against the claimant arising from her disability.[3]The claimant was unfairly dismissed.[4]Any compensatory award for unfair dismissal will be assessed on the basis that, had the respondent acted fairly, Case no. 2402588/2019 4.1. the claimant would have remained employed for a further two weeks beyond the date when she was actually dismissed; 4.2. there is a two-thirds chance that she would have continued to be employed by the respondent indefinitely; and 4.3. there is a corresponding one-third chance that, two weeks after the date when she was actually dismissed, she would have been fairly dismissed.[5]It is just and equitable to reduce the claimant’s basic award by 75% on the ground of her contributory conduct.[6]It is just and equitable to reduce the claimant’s compensatory award by a further 35% on the ground of her contributory conduct.