Employment Judge DunlopIn person for claimantMs K Hosking (instructed by Counsel) for respondentDate 19 March 2021
JUDGMENT
This has been a hybrid hearing. The parties attended the hearing in person. The two non-legal members attended the hearing by videolink using the tribunal’s Cloud Video Platform (CVP). A fully attended hearing was not held because it was not practicable in the circumstances of the covid-19 pandemic and all issues could be fairly determined in a hybrid hearing in the form described.[1]The claimant’s claim that his dismissal was an act of discrimination arising from disability under s15 Equality Act 2010 succeeds.[2]The claimant’s claim of failure to make reasonable adjustments under s20- 22 Equality Act 2010 succeeds in part, specifically:2.1 The respondent concedes that it failed to make reasonable adjustments by failing to send five documents to the claimant in the correct format after 31st March 2019. The Tribunal finds, in addition, that it made a similar failure in respect of two additional documents sent between 2nd and 30th March 2019.2.2 The claimant’s reasonable adjustments claim in respect of lighting levels in meeting rooms fails.2.3 The claimant’s reasonable adjustments claim in respect of having an HR representative present in meetings fails.2.4 The claimant’s reasonable adjustments claim in respect of the cost of taxis to and from absence meetings fails.[3]The claimant’s claim of harassment contrary to s26 of the Equality Act 2010 succeeds in part, specifically:3.1 Mr Richardson’s comments made in a telephone conversation around 8/9 May 2019 do not amount to harassment on the grounds of disability.3.2 Ms Taylor asked questions relating to the claimant’s gym attendance and gaming activities at the meeting on 2 March 2019. Her actions in asking those questions amount to harassment on the grounds of disability.[4]The claimant’s claim of victimisation contrary to s27 Equality Act 2010 fails and is dismissed.[5]The claimant’s claim of indirect discrimination contrary to s 19 Equality Act 2010 fails and is dismissed.[6]In respect of the successful claims, the respondent is ordered to pay the claimant the sum of £16,153.88 calculated as follows:6.1 An award of £12,000.00 for injury to feelings damages.6.2 An uplift of £1,800.00 under s207A Trade Union and Labour Relations (Consolidation) Act 1992 (calculated as a 20% uplift applied to only £9,000 of the award for injury to feelings).6.3 Interest of £2,117.26 in respect of the award for injury to feelings (calculated by applying an 8% interest rate for the period 17 April 2019 to 17 March 2021)6.4 Financial losses arising from the claim under s.15 Equality Act 2010 in the agreed sum of £220.80.6.5 Interest of £15.82 in respect of the financial losses (calculated by applying an 8% interest rate from the midpoint of the period between 1 June 2019 and 17 March 2021).[7]The Employment Protection (Recoupment of Job Seeker’s Allowance and Income Support) Regulations 1996 do not apply to this award.