Mr M Palmer v Forest Environmental Ltd (in administration): 3202252/2016
JUDGMENT
[1]The claim of constructive unfair dismissal succeeds.[2]The claim of harassment related to disability succeeds.[3]The claim of discrimination arising from disability succeeds in respect of dismissal only.[4]The claim for reasonable adjustments succeeds in respect of welfare meetings and grievance meetings during the period of sickness absence from 20 January 2015 until 24 August 2016.[5]The claim of direct discrimination because of disability fails and is dismissed.[6]But for the failure to make reasonable adjustments there was a 50% chance that the Claimant would have returned to work from 12 August 2015; a 25% chance that he would have returned to work from August 2016 and a 100% chance that his employment would have terminated in any event on 18 May 2018 when the Respondent went into administration.[7]The Claimant is awarded £63,436.25 (comprising the following sums):7.1 A basic award of £11,735.50 (21 years’ completed employment; aged 50 at dismissal = 24.5 weeks @ £479) 10.2 Judgment - rule 61 February 2018 Case No: 3202252/20167.2 Loss of statutory protection £5007.3 Compensation for discrimination assessed at £41,200.75 26/1/15 – 19/8/15: 29 weeks @ £673 p/wk net = £19,517; less benefits received of £2,477 19/8/15 – 24/8/16: 52 weeks @ £673 p/wk net x 50%= £17,498; less benefits received of £3,848 23/8/16 – 18/5/18: 91 weeks @ 673 p/wk net x 25% = £15,310.75; less money earned in mitigation of £4,8007.4 Injury to feelings of £10,000