Mr K BandaClaimant(1) Charmaine Ndambo; (2) Stofell Pretorius; (3) Edworks Limited (in creditors’ voluntary liquidation) .Respondent
Before
Employment Judge Leach, Ms H Sheard, Mr A ClarkeIn person for claimantDate 24 June 2024
JUDGMENT
[1]The claimant’s application to amend his claim to include a wrongful dismissal complaint is granted.[2]The claimant was wrongfully dismissed and is entitled to be compensated for loss of 11 weeks’ notice. The third respondent shall pay the claimant the sum of £9868.10. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice pay.[3]The third respondent must now pay this amount to the claimant. B. Unfair Dismissal[1]The complaint of unfair dismissal is well founded. The claimant was unfairly dismissed.[2]The third respondent shall pay to the claimant the following sums:-a. A basic award of £7994. This is calculated in accordance with the schedule attached.b. Compensation for loss of statutory rights - £500.[3]The Third Respondent must now pay these amounts to the claimant. C. Complaints under the Equality Act 2010.[1]In deciding to dismiss the claimant and in dismissing him, the respondents unlawfully discriminated against the claimant for a reason related to his disability, contrary to section 15 Equality Act 2010. The claimant is awarded a total of £33,343.57 as detailed in the schedule attached.[2]The first second and third respondents must now make this payment to the claimant. They are jointly and severally liable to do so 3.[4]The complaints of(1) direct discrimination and(2) a failure to make reasonable adjustments fail and are dismissed.