Miss R Martin v Bell Lane Primary School and London Borough of Barnet: 3305817/2020

EMPLOYMENT TRIBUNALS
Case No 3305817/2020
Miss R MartinClaimantMr T Lester (counsel)Respondent
Employment Judge G TobinMr A ScottMr C SurreyIn person for claimantMr T Lester (instructed by counsel) for respondentDate 6 April 2022

JUDGMENT

[1]At the outset of the hearing the respondent conceded part of the claimant’s claim for unlawful deduction of wages, under s13 Employment Rights Act 1996. The unanimous Judgment of the Employment Tribunal is that: -[2]The claimant was subject to an unlawful deduction of wages by the respondents in breach of s13 Employment Rights Act 1996.[3]The claimant made a protected disclosure to the respondents under s43B Employment Rights Act 1996.[4]The claimant was not subject to any detriment by the respondents on the grounds her protected disclosure, in contravention of s47B Employment Rights Act 1996.[5]The respondents did not dismiss the claimant because she had made a protected disclosure, in breach of s103A Employment Rights Act 1996.[6]The claimant was disabled within the meaning of s6 Equality Act 2010.[7]The claimant was not discriminated against by the respondents because of Case Number: 3313273/2019 something arising in consequence of her disability, in breach of s15 Equality Act 2010.[8]The respondents did not fail to comply with a duty to make reasonable adjustments arising from s20 Equality Act 2010 and in breach of s21 Equality Act 2010.[9]The respondents did not unfairly dismiss the claimant, in breach of section s94 Employment Rights Act 1996.[10]Compensation in respect of the claimant’s outstanding notice, outstanding wages and the shortfall in the redundancy payment was agreed between the parties at £10,616.83[11]The respondents’ application for costs was unmeritorious and was refused.