Miss L George v Mr M Charnley and Jolly Sailors Inn Ltd (Dissolved): 2504149/2019

EMPLOYMENT TRIBUNALS

Case No 2504149/2019

Between

Miss L GeorgeClaimant

HELD AT:Respondent

Before

Employment Judge Aspden

Date 20 September 2022

JUDGMENT

[1]The First Respondent harassed the claimant, in contravention of the Equality Act 2010.

[2]The First Respondent discriminated against the claimant, in contravention of the Equality Act 2010, by dismissing her.

[3]The First Respondent is ordered to pay to the Claimant compensation of £25,997.39, made up as follows:a. compensation for financial loss (ie loss to date of £9,547.31 plus future loss of £1,047.03): £10,594.34;

b. compensation for injury to feelings: £12,000; Case No. 2504149/2019 2

c. Interest of £3,403.05, awarded under regulation 2 of the Employment Tribunals (Interest on Awards etc) Regulations 1996, calculated as follows: i. Interest on injury to feelings award, calculated from 16 September 2019 to calculation date (29 March 2022) at 8% per annum: £2,435.38. ii. Interest on compensation for financial loss to date, calculated from the mid point between 16 September 2019 and the calculation date (29 March 2022) to the calculation date at 8% per annum: £967.67.

[4]The Claimant’s claims against the Second Respondent are dismissed as the company has been dissolved. Employment Judge Aspden Date____11 April 2022 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. Case No. 2504149/2019 1 EMPLOYMENT TRIBUNALS Claimants: Miss L George First Respondent Mr Mark Charnley Second Respondent: Jolly Sailors Inn Limited (dissolved) HELD AT: Middlesbrough ON: 5 August 2022 BEFORE: Employment Judge Aspden Mr J Adams Ms B Kirby REPRESENTATION: Claimant: First Respondent: Second Respondent: In person No attendance No attendance UPON the First Respondent’s application to reconsider paragraphs 1 to 3 of the judgment dated 29 March 2022 under rule 71 of the Employment Tribunals Rules of Procedure 2013

[1]At all times material to the claimant’s complaints, she was a disabled person as that term is defined in section 6 of the Equality Act 2010.

[2]At all times material to the claimant’s complaints, she was employed by Jolly Sailors Inn Limited of which the respondent was its agent. That company was dissolved on 22 September 2020 and the claimant’s claims against it were dismissed in a Judgment of the Employment Tribunal dated 11 April 2022.

[3]The claimant’s complaint that, contrary to section 15 of the Equality Act 2010, the respondent discriminated against her by treating her unfavourably because of something arising in consequence of her disability is well-founded.

[4]The claimant’s complaint that, contrary to section 26 of the Equality Act 2010, the respondent harassed her is well-founded.

[5]Arising from the above, the respondent is ordered to pay to the claimant compensation totalling £29,670.23. That award of compensation comprises the following elements: Case Number: 2504149/2019 2a. Compensation for financial loss during the period from the date of the claimant’s dismissal to the date upon which she secured alternative employment: £9,880.24.

b. Interest on the above award under regulation 2 of the Employment Tribunals (Interest on Awards etc) Regulations 1996: £1,186.71.

c. Compensation for injury to feelings: £15,000.

d. Interest on the above award under regulation 2 of the Employment Tribunals (Interest on Awards etc) Regulations 1996: £3,603.29.

[6]Contrary to section 13 of the Employment Rights Act 1996, the claimant’s employer (the above named company) made unauthorised deductions from her pay totalling £150.15 but no award is made in that respect as that company has been dissolved. EMPLOYMENT JUDGE MORRIS

REASONS

Reasons for the above Judgment having been given orally at the hearing, and no request having been made at the hearing, written reasons will not be provided unless a written request is presented within 14 days of the sending of this written record of the Judgment.