L Whiting v Slenderella Wholesale Ltd: 2600218/2024
JUDGMENT
The unanimous judgment of the Tribunal is as follows: Failure to make reasonable adjustments for disability[1]The complaint of failure to make reasonable adjustments for disability is wellfounded and succeeds. Notice Pay[2]The complaint of breach of contract in relation to notice pay is well-founded. No award is made due to the same period of loss in the unfair dismissal claim attracting an award of compensation and the Claimant cannot receive compensation twice for the same period.[3]The complaint of constructive unfair dismissal is well-founded. The claimant was unfairly dismissed.[4]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply. Breach of Flexible Working Regulations:[5]The claim for breach of the Flexible Working Regulations 2014 succeeds.[6]The claimant is awarded 6 weeks’ gross pay compensation. Non-compliance with ACAS Code[7]The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, and it is just and equitable to increase the compensatory award payable to the claimant by 10 % in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992. Remedy[8]The respondent shall pay the claimant the following sums:(a) A basic award of £4199.94.(b) A compensatory award of: - (i) £755.90 (two weeks loss of earnings from dismissal to new employment). (ii) Loss of future earnings due to difference in pay Loss of £1.45 per hour from subsequent job started on 11 December 2023 (hourly rate £11.00). (The Claimant was intending to return 18 hours per week after maternity leave with the Respondent had employment not terminated). Difference in pay 11 December 2023 – 6 July 2026 (date of hearing): 134 weeks x 18 hours x 1.45 = £3,497.40 Disability Discrimination[9]Injury to feelings - £9,000.00[10]Plus, interest from 11 September 2023 (when the adjustments should have been in place) to date of Final Hearing (6 July 2026). Interest on Injury to Feelings[11](£9,000 / 365) x 8% (daily rate) = £1.97 [ £9000/365= £24.66 /100 x 8 = £1.97]. 12. £1.97 x 1030 days = £2029.10 Breach of the Flexible Working Time Regulations[13]6 weeks gross pay (£466.66) = £2799.96 Loss of statutory rights[14]£600.00 is awarded. ACAS Uplift of 10%[15]£1588.24 additional award for failing to comply with ACAS guidelines. Note: This is calculated by adding the following sums together and adding 10%:- £600.00 loss of statutory rights Loss of earnings of :- £755.90 £3497.40 [ to hearing based on hourly rate] Discrimination award: - £9000.00 £2029.10 [interest element] This all totals = £15,882.40 plus 10% = £1588.24[16]The total sum awarded to the Claimant is the sum of £24,470.54. Note that these are actual the sums payable to the claimant after any deductions or uplifts have been applied. Approved by: