Miss S Lorimor v Smart Tan UK Ltd: 2502165/2020
JUDGMENT
ON LIABILITY Employment Tribunals Rules of Procedure 2013 – Rule 21 The judgment of the Tribunal is that:[1]The complaint in respect of direct disability discrimination is well-founded and succeeds.[2]The Complaint in respect of accrued but untaken holiday pay under Regulation 30 Working Time Regulations is well-founded and succeeds.REASONS
[3]The Claimant was employed by the Respondent from 09 March 2020 to 28 July 2020. She presented a Claim Form on 20 November 2020 which was served on the Respondent’s registered office. A response was due to be returned by 31 December 2020.[4]No response was returned by the required date. Therefore, in accordance with rule 21 of the Tribunal Rules of Procedure an Employment Judge must decide whether on the available material a determination can properly be made of the claim or part of it, and to the extent that a determination can be made, the Employment Judge must issue a judgment.[5]I am satisfied that there is sufficient information contained within the Claim Form to issue judgment against the Respondent. However, I was not in a position to deal with remedy. Therefore, it was appropriate for a judgment to be issued in respect of liability only. A preliminary hearing is listed for 01 February 2021 at which issues and directions relating to remedy will be discussed. Case Number: 2502165/2020 2 of 2 __________________________ Employment Judge Sweeney 4 January 2021 Case No. 2502165/2020 V) 1 EMPLOYMENT TRIBUNALS Claimants: Miss S Lorimer Respondent: Smart Tan UK Limited HELD AT: Newcastle, by video ON: 12 April 2021 BEFORE: Employment Judge Aspden REPRESENTATION: Claimant: Respondent: Mr C Henshall, solicitor No attendance[1]Compensation of £7,180.50 in respect of the Respondent’s contraventions of Part V of the Equality Act 2010 (disability discrimination) made up of:a. compensation for injury to feelings (including psychological injury) of £6,000b. compensation for lost earnings of £1,180.50.[2]£1077.08, being a 15% increase in the award of compensation for discrimination under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992.[3]£331.36 (representing two weeks’ pay) as an award under section 38 of the Employment Act 2002.[4]Interest on the compensation for discrimination of £374.34, awarded under regulation 2 of the Employment Tribunals (Interest on Awards etc) Regulations 1996, calculated as follows:a. Interest on injury to feelings award of £6,000: from date of discrimination (28 July 2020) to calculation date (12 April 2021) at 8% per annum = £340.80. Case No. 2502165/2020 V) 2b. Interest on compensation for lost earnings of £1180.50: from mid-point date (4 December 2020) to calculation date (12 April 2021) at 8% per annum = £33.54.[5]£349.76, being the amount remaining due to the claimant under regulation 14 of the Working Time Regulations 1998 in respect of accrued untaken holiday. Note: This has been a remote hearing. The parties did not object to the case being heard remotely. The form of remote hearing was V - video. It was not practicable to hold a face to face hearing because of the Covid19 pandemic. Employment Judge Aspden Date____12 April 2021_ Note Reasons for the decision having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.