Mr G AshworthClaimantHelp Your Claim LtdRespondent
Before
Employment Judge FraneyIn person for claimantNot represented for respondentDate 29 November 2018
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 In the absence of any response form from the respondent the judgment of the Tribunal is as follows:[1]The complaint of “constructive” unfair dismissal contrary to Part X Employment Rights Act 1996 is well-founded. The claimant was unfairly dismissed.[2]The complaint of breach of contract in relation to notice of termination of employment succeeds.[3]The complaints made by way of breach of contract and under the Working Time Regulations 1998 in respect of a failure to pay the claimant for accrued but untaken annual leave at the date employment ended succeed.[4]The complaint of unlawful deductions from pay succeeds.[5]The following complaints of disability discrimination contrary to the Equality Act 2010 succeed:(a) A complaint of harassment related to disability contrary to section 26 in respect of incidents on 28 February, 23 March and two incidents on 4 April 2018;(b) A complaint of a breach of the duty to make reasonable adjustments contrary to sections 20 and 21 in relation to the failure of the respondent Case No. 2411912/2018 to make adjustments to its workload expectations and bonus structure so as to avoid the substantial disadvantage which the claimant faced as a consequence of those provisions, criteria or practices; and(c) A complaint of discrimination arising from disability contrary to section 15 Equality Act 2010 in relation to the (constructive) dismissal of the claimant, that dismissal amounting to unfavourable treatment because of something (his absence and a perception of the impact of his medical conditions on his ability to work) which arose in consequence of his disability and which was not justified.[6]The remedy for the successful complaints will be determined at a remedy hearing fixed for 10.00am on Thursday 29 November 2018 at Alexandra House, 14-22 The Parsonage, Manchester, M3 2JA. REMEDY JUDGMENT Employment Tribunals Rules of Procedure 2013 – Rule 21 Following the judgment on liability made on 20 September 2018 and sent to the parties in writing on 5 October 2018, the judgment of the Tribunal is as follows:[1]As compensation for harassment related to disability, for breach of the duty to make reasonable adjustments, and for discrimination arising from disability the respondent is ordered to pay to the claimant the total sum of £25,662.61 made up of the following:(a)£2,420.03 in respect of lost bonus payments between August 2017 and April 2018;(b)£1,431.91 in respect of financial losses between dismissal and this hearing;(c)£234.71 as interest on those past financial losses;(d)£2,743.52 as future financial losses for a period of six months from this hearing;(e)£18,000.00 in respect of injury to feelings, and(f)£832.44 as interest on compensation for injury to feelings. .[2]As compensation for unfair dismissal the respondent is ordered to pay to the claimant the total sum of £1,625.00, made up of a basic award of £1,125.00 and a compensatory award of £500.00.[3]As damages for breach of contract in relation to notice of termination the respondent is ordered to pay to the claimant the sum of £352.14.[4]The respondent is ordered to pay to the claimant the gross sum of £1,660.00 unlawfully deducted from the claimant’s pay whilst on sick leave in April – May 2018.[5]In respect of annual leave accrued but untaken the respondent is ordered to pay to the claimant the sum of £600.00.[6]The claim for an uplift because of an unreasonable failure to follow the ACAS Code of Practice in relation to the claimant’s grievance is refused.[7]The recoupment regulations do not apply.[8]The total amount payable by the respondent to the claimant pursuant to this judgment is £29,899.75.