Ms J A BeardsMr Q ColbornIn person for claimantMrs S Percival (instructed by solicitor) for respondentMs S Percival for respondentDate 25 January 2021
JUDGMENT
[1]The claimant is disabled within the meaning of section 6(1) Equality Act 2010 by reason of a pituitary tumour and the respondent had knowledge of this disability from 1 August 2019.[2]The claimant’s complaint of discrimination arising from a disability contrary to section 15 Equality Act 2010 is well founded. This means that the claimant’s complaint is successful.[3]The claimant’s complaint of discrimination arising from the respondent’s failure to make reasonable adjustments contrary to sections 20 and 21 Equality Act 2010 is well founded. This means that the claimant’s complaint is successful. FURTHER CASE MANAGEMENT ORDERS[4]The case will be listed for a remedy hearing of 1 day in length before a full Tribunal on a date to be confirmed. The hearing will take place by CVP unless the parties are informed otherwise. The parties shall confirm to the Tribunal no later than 7 days following receipt of the notice of remedy hearing whether they are available on the hearing date provided, and if not, Case Number: 2414243/2019(V) provide details of dates to avoid so that a suitable alternative date can be provided.[5]The claimant will provide the respondent with the following documents by 11 March 2021: i) A witness statement dealing with issues relating to remedy and including evidence concerning her mental health since the dismissal and also mitigation of loss; ii) Medical evidence including updated medical records and a letter from her GP providing an opinion relating to any mental health problems which the claimant believes arose during her employment with the respondent from 2019 to February 2020 when her employment with the respondent ended; and, iii) Any other documentation supporting her schedule of loss.[6]The respondent will prepare an index for the remedy hearing bundle and the parties will agree this index by 1 April 2021. The respondent will provide the claimant with a pdf copy of the paginated and indexed remedy hearing bundle by 15 April 2021.[7]The respondent will provide the Tribunal with a pdf copy of this bundle no less than 7 days prior to the remedy hearing. EMPLOYMENT TRIBUNALS Claimant Respondent Mrs K Hall v Royal Mail Group Limited Heard at: Manchester (by Cloud Video Platform (‘CVP’)) On: 11 May 2021 Before: Employment Judge Johnson Members: Mr Q Colborn Ms J A Beards Appearances For the Claimant: in person For the Respondent: Ms S Percival REMEDY HEARING JUDGMENT 1. The respondent shall pay to the claimant compensation for her complaints of discrimination arising from a disability and from a failure to make reasonable adjustments of £14, 629.37 (Fourteen Thousand, Six Hundred and TwentyNine Pounds Thirty-Seven Pence) and calculated as follows: Past Losses Subtotal/Total 1. Net loss of scheduled attendance £80 x 24 weeks = £1920.00 2. 2 weeks loss of wages caused by enforced sick leave = £185.86 3. 12 hours annual leave taken for rehabilitation = £139.44 4. Loss of pension contribution 42 weeks (30 weeks post dismissal plus 12 weeks before claimant could join new employer’s pension scheme = £1514.94 5. Prescription for antidepressants arising from personal injury from September 2019 until March 2020 (7 months x £9) = £63.00 Subtotal for past losses £3823.24 Injury to Feelings Injury to feelings = £9,000.00[2]Interest on injury to feelings award (8% calculated at mid-point between 15 August 2019 and 11 May 2021) = £615.45 Subtotal for injury to feelings award £9,615.45 Personal Injuries Personal injuries = £3,000.00[2]Interest on personal injuries award (8% calculated at mid-point between 27 September 2019 and 11 May 2021) = £190.68 Subtotal for personal injuries award £3,190.68 Deduction in respect of Lump sum of £6,464.25 (£2,000.00) received at date of termination (having first taken into account the net of pay of £250 per week which the claimant could have claimed during her 30-week period of unemployment and the estimated sum of universal credit received during that period). Grand total £14,629.37 2. No recoupment is applicable in this case as the claimant’s complaints are solely in respect of discrimination in accordance with the Equality Act 2010.