Ms K Mbatha v Wadsworth Care Homes Ltd: 2408980/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The Tribunal having heard evidence from the claimant in a remedy hearing conducted remotely by CVP technology, the Judgment of the Tribunal is that:[1]The claimant was discriminated against by the respondent treating the claimant unfavourably because of something arising in consequence of her disability in breach of section 15 of the Equality Act 2010. The claim for disability discrimination is found and succeeds;[2]As a result of the respondent’s discrimination, the respondent is ordered to pay the claimant compensation for injury to feelings of £7,500;[3]The respondent is also ordered to pay the claimant interest on the injury to feelings award of £698.63;[4]As a result of the respondent’s discrimination, the respondent is also ordered to pay the claimant compensation for loss of £280.16;[5]The respondent is also ordered to pay the claimant interest on the compensation of £13.08;[6]The claimant was automatically unfairly dismissed contrary to section 100(1)(d) of the Employment Rights Act 1996. The unfair dismissal claim is found and succeeds;[7]The respondent has made an unauthorised deductions from the claimant’s wages and is ordered to pay the claimant the gross sum of £432;[8]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £630;[9]The respondent has failed to pay the claimant’s holiday entitlement under the Working Time Regulations 1998 and is ordered to pay the claimant the sum of £542.50.