Mr D Gale v Sterling Extensive Services Ltd: 3220668/2020
JUDGMENT
[1]The Claimant’s complaint that he was unlawfully harassed for reasons related to disability, contrary to section 26 of the Equality Act 2010, succeeds.[2]The Claimant’s complaint that he was directly discriminated against because of his disability contrary to section 13 of the Equality Act 2010 fails and is dismissed.[3]The Claimant’s complaint of victimisation contrary to section 27 Equality Act 2010 is dismissed upon withdrawal.[4]The Complaint’s complaint of unfair dismissal under s111 of the Employment Rights Act 1996 succeeds.[5]The Claimant’s complaint in respect of accrued but untaken holiday on termination under Regulations 14 and 30 of the Working Time Regulations 1998 succeeds. Remedy[1]The Respondent is ordered to pay to the Claimant the total sum of £24,837.42 made up of: Unlawful Discriminationa. £12,500 for injury to feelings ;b. £1,650 interest on injury to feelings; Case Number: 3220668/2020c. £2,736.35 for loss of earnings during employment caused by unlawful harassment;d. £1,340.04 for past loss of earnings caused by the discriminatory dismissal;e. £326.11 interest on past financial losses;f. £1,855 pursuant to s207A of the Trade Union and Labour Relations (Consolidation) Act 1992, representing a 10% uplift on the discrimination award; Unfair Dismissalg. £1095.18 as a basic award for unfair dismissal;h. £450 loss of statutory rights; S38 Employment Act 2002i. £1,460.24, representing 4 weeks pay, pursuant to section 38 of the Employment Act 2002 for failure to provide a statement of terms and conditions of employment; Holiday Payj. £1,424.50 in respect of accrued but untaken holiday at the date of termination.[2]For the avoidance of doubt, the recoupment provisions do not apply to this award.