Mr V Rumanyika v Secretary of State for Justice: 3303468/2022

EMPLOYMENT TRIBUNALS

Case No 3303468/2022

Between

Mr V RumanyikaClaimant

Secretary of State for JusticeRespondent

Before

Employment Judge Hawksworth

Date 12 July 2024

JUDGMENT

[1]The claimant’s complaints of failure to make reasonable adjustments and discrimination arising from disability succeed in part. The following complaints succeed:a. the respondent failed to make a reasonable adjustment contrary to sections 20 and 21 of the Equality Act 2010 in relation to the requirement to return to work at HMP Bullingdon, applied to the claimant on 12 January 2022 (complaint summarised in issues 7.2.1, 7.3.1 and 7.5.1);

b. the respondent subjected the claimant to discrimination arising from disability contrary to section 15 of the Equality Act 2010 in relation to the issue on 22 March 2022 of a stage 1 absence warning and the decision on 20 April 2022 not to uphold an appeal against the warning (complaint summarised in issues 6.3 and 6.4).

[2]The claimant made protected disclosures and his complaints of protected disclosure detriment succeed in part. The following complaints succeed:a. contrary to section 47B of the Employment Rights Act 1996, the respondent failed to approve the claimant’s transfer requests Page 1 of 2 Case Number: 3303468/2022 between October 2021 and 17 December 2021 (complaint summarised in issues 3.1 and 5.1.3);

b. contrary to section 47B of the Employment Rights Act 1996, the respondent failed to follow the advice/support in the reports from occupational health dated 9 September 2021 and 28 February 2022 in respect of the claimant’s transfer request (complaint summarised in issue 3.1 and 5.1.5).

[3]The other complaints of failure to make reasonable adjustments, discrimination arising from disability, and protected disclosure detriment fail and are dismissed.

[4]The complaints of direct disability discrimination, direct race discrimination, indirect disability discrimination, race related harassment and victimisation fail. REMEDY JUDGMENT The unanimous decision of the tribunal is that:

[1]The respondent must pay the claimant the sum of £35,816.91 made up of:a. Loss of pay protected salary (2 years): £4,477.60

b. Interest on loss of pay: £467.14

c. Travel to work expenses (4 months): £5,702.40

d. Interest on expenses: £669.91

e. Loss of pay protected pension contributions (2 years): £1,817.86

f. Injury to feelings: £18,250.00

g. Interest on injury to feelings: £4,432.00

[2]The time for payment of this judgment is 14 days from the date on which the judgment is sent to the parties.

[3]This is a partial remedy judgment. Grossing up for tax and the claimant’s applications for recommendations and for costs have not been determined. Case management orders have been sent separately explaining how those issues will be dealt with. Page 1 of 2 Case Number: 3303468/2022 Approved by: REMEDY JUDGMENT Further to the remedy judgment of January 2025, the unanimous decision of the tribunal is that:

[1]If it has not already done so, the respondent must pay HMRC on behalf of the claimant the agreed sum of £3,121.65 in respect of grossing up for tax and national insurance and must provide the claimant with details of the payment, including the date it was made, the way it was paid and any relevant HMRC reference.

[2]The tribunal makes the following recommendations under section 124(2)(c) of the Equality Act 2010:a. if the respondent has not already made a voluntary written apology to the claimant, within 6 weeks of this judgment, the Director General Chief Executive Officer of HMPPS should send a written apology to the claimant for the unlawful treatment to which he was subjected;

b. the Director General Chief Executive Officer of HMPPS should read the liability judgment and consider whether there are any lessons which could be learned from the case, following which they should write to the claimant within 12 weeks of this judgment to confirm that this recommendation has been carried out.

[3]The claimant’s application for a costs/preparation time order is refused. Page 1 of 2 Case Number: 3303468/2022 Approved by: