Miss M Ella v Rockbridge Medical Ltd: 3200715/2020

EMPLOYMENT TRIBUNALS
Case No 3200715/2020
Between
Miss M EllaClaimantRockbridge Medical LtdRespondent
Before
Employment Judge Jones
Members
Mrs L LandDr L RylahIn person for claimantDate 11 February 2021

JUDGMENT

[1]The complaint against Mark Lyons was withdrawn and dismissed upon withdrawal.[2]The complaint of direct age discrimination (section 13 Equality Act 2010) succeeds against Rockbridge Medical Ltd.[3]The complaint of dismissal in contravention of section 39(2)(c) Equality Act 2010 also succeeds.[4]The Respondent failed to give the Claimant a statement containing particulars of change of terms and conditions of employment, after the change on 1 October 2019.[5]The complaint of indirect age discrimination fails. Case Number: 3200715/2020 2 Remedy[6]The Claimant is entitled to the following remedy for her successful complaints. This is ordered under section 124 Equality Act 2010. Injury to feelings £4,000 Loss of earnings[7]Loss of earnings at the rate of £18,000per annum between 12 February 2020 – 19 October when the Claimant started new employment. There is no claim for loss of earnings after 19 October 2020. 22 weeks at £346.15 = £7,615.30 15 weeks (23 March – 3 July reduced rate because it is likely that that Claimant would have been furloughed during that time) 346.15 x 80% = £276.92. 15 x £276.92 = £4,153.80 Total loss of earnings = £11,769.10 Interest (Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996) at the rate of 8% £4,000 x 8% = £320[9]£11,769.10/2 (interest on loss of wages is calculated from midpoint) = £5,884.55 x8% = £470.76 Total interest = £790.76 Total award under Equality Act 2010 = £4,000 + £11,769.10 + £790.76 = £16,559.86 Failure to provide change of employment particulars[10]The Claimant is entitled to 2 weeks’ pay because of the Respondent’s contravention of section 4 Employment Rights Act 1996 and in accordance with Section 38(3) and (4) Employment Act 2002. 2 x £346.15 = £692.30.[11]The Claimant is entitled to a total remedy of £16,559.86 + 692.30 = £17,252.16.[12]The Respondent is to pay the Claimant the sum of £17,252.16 as a remedy for her successful claim. Employment Judge Jones Date: 16 November 2020 Case Number: 3200715/2020 1 RM EMPLOYMENT TRIBUNALS Claimant: Miss M Elia Respondent: Rockbridge Medical Ltd Heard at: East London Hearing Centre (by Cloud Video Platform) On: 5 and 6 November 2020 Before: Employment Judge Jones Members: Mrs L Land Dr L Rylah Representation Claimant: In person Respondent: Mr Munroe (Peninsula) AMENDED JUDGMENT The judgment of the Tribunal is that: -[1]The complaint against Mark Lyons was withdrawn and dismissed upon withdrawal.[2]The complaint of direct age discrimination (section 13 Equality Act 2010) succeeds against Rockbridge Medical Ltd.[3]The complaint of dismissal in contravention of section 39(2)(c) Equality Act 2010 also succeeds.[4]The Respondent failed to give the Claimant a statement containing particulars of change of terms and conditions of employment, after the change on 1 October 2019.[5]The complaint of indirect age discrimination fails. Case Number: 3200715/2020 2 Remedy[6]The Claimant is entitled to the following remedy for her successful complaints. This is ordered under section 124 Equality Act 2010. Injury to feelings £4,000 Loss of earnings[7]Loss of earnings at the rate of £18,000per annum between 12 February 2020 – 19 October when the Claimant started new employment. There is no claim for loss of earnings after 19 October 2020. 22 weeks at £346.15 = £7,615.30 15 weeks (23 March – 3 July reduced rate because it is likely that that Claimant would have been furloughed during that time) 346.15 x 80% = £276.92. 15 x £276.92 = £4,153.80 Total loss of earnings = £11,769.10 Interest (Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996) at the rate of 8% £4,000 x 8% = £320[9]£11,769.10/2 (interest on loss of wages is calculated from midpoint) = £5,884.55 x8% = £470.76 Total interest = £790.76 Total award under Equality Act 2010 = £4,000 + £11,769.10 + £790.76 = £16,559.86 Failure to provide change of employment particulars[10]The Claimant is entitled to 2 weeks’ pay because of the Respondent’s contravention of section 4 Employment Rights Act 1996 and in accordance with Section 38(3) and (4) Employment Act 2002. 2 x £346.15 = £692.30.[11]The Claimant is entitled to a total remedy of £16,559.86 + 692.30 = £17,252.16. Employment Protection (Recoupment of Benefits) Regulations 1996[12]Grand Total = £17,252.16 The prescribed element is £11,769.10 The period of the prescribed element was May 2020 to October 2020 The excess of the Grand Total over the Prescribed Element is (£17,252.16 - £11,769.10) = £5,483.06. Case Number: 3200715/2020 3[13]The Respondent is to pay the Claimant the sum of £5,483.06 forthwith and the balance of her remedy once notified by the Secretary of State that recoupment has taken place.