Miss M Gibson v Beauvoir Developments Ltd and R Moss: 2412185/2023
REASONS
[1]The claimant worked in the respondents’ hospitality business from 21 November 2022 to 27 November 2023. Case Numbers 2412185/2023 2[2]The claimant is bipolar and has ADHD and has a disability in accordance with section 6 of the Equality Act 2010. The claimant complained of harassment related to her disability.[3]The claimant lodged her claim on 4 December 2023. Following the sixth addendum to the Presidential Guidance: Employment Tribunal Awards for Injury to Feelings and Psychiatric Injury Following De Souza v Vinci Construction (UK) Ltd the three bands of compensation for injury to feelings were as follows:• Upper Band: £33,700 - £56,200 (the most serious cases);• Middle Band: £11,200 - £33,700 (cases that do not merit an award in the upper band); and• Lower band: £1,100 - £11,200 (less serious cases).[4]The claimant provided evidence of the harassment and as a result of that evidence and having considered comparable case law, I determined that the claimant was entitled to compensation for injury to feelings in the middle band of £25,000.[5]The claimant resigned from her role as a consequence of the unlawful harassment and suffered wage loss.[6]The claimant’s gross annual earnings were £32,477.29. The claimant’s net annual earnings were £26,903.25.[7]The claimant has earned £12,629.50 since the termination of her employment. Therefore, the claimant’s actual loss of wages is £14,273.75.[8]The claimant’s net monthly earnings were £2241.93. The claimant’s net monthly earnings now are £1262.95. The claimant’s net monthly loss is £978.98. The claimant will endure this loss for a further three months.[9]The 25% uplift for the failure to follow the ACAS Code of Practice on disciplinary and grievance procedures is applied to the total of the compensation for injury to feelings and wage loss.[10]Interest on the compensation for injury to feelings is calculated from the date of the discrimination until the date of this hearing at the daily rate of 8%.[11]Interest on the compensation for actual wage loss is calculated from the mid point between the date of termination and the date of this hearing at the daily rate of 8%.[12]The claimant is entitled to received £30,000 in compensation on termination of employment tax free. The remaining amount (£25,613.60) is subject to the basic rate of income tax. Therefore, the remaining amount has been grossed up (£32,017) to ensure that the claimant is able to pay income tax and receive the net amount owed to her. Case Numbers 2412185/2023 3