Mrs J Chadderton v Everyday Loans Ltd: 3323547/2019
JUDGMENT
The response is struck out.REASONS
[1]By a letter dated 25 September 2021 the Tribunal gave the respondent an opportunity to make representations or to request a hearing, as to why the response should not be struck out because the respondent had not complied with the Order of the Tribunal dated 16 June 2021.[2]The respondent has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The response is therefore struck out.[3]The respondent will be entitled to notice of any hearings and decisions of the Tribunal but will only be entitled to participate in any hearing to the extent permitted by the Employment Judge. _____________________________ Employment Judge Anstis 14 October 2021[1]The claimant resigned in circumstances in which she was entitled to terminate the contract without notice by reason of the employer’s conduct within the meaning of s.95(1)(c) Employment Rights Act 1996.[2]The dismissal was unfair in all of the circumstances of the case.[3]The respondent is ordered to pay to the claimant the following sums as compensation for that unfair dismissal: Basic Award Gross pay £441.46 per week x 5 years x 1.5 £3,310.96 Compensatory Award The claimant obtained comparable employment on 1 March 2020 and losses are awarded to that date giving credit for losses earned in temporary employment during that period. 7 months loss at £1,547 per month net Less earnings Net loss of earnings £10,829.00 £2,500.00 £8,329.00 Case Number: 3323547/2019 2 Loss of employer pension contributions at 8% of salary. £918.39 Loss of private healthcare with the respondent – the value of this benefit assessed at the amount it would have cost the claimant to take out this cover. £5,373.96 Total award for unfair dismissal £17,932.31 Disability discrimination[4]The claimant satisfied the definition of disability within the meaning of s.6 Equality Act 2010 by virtue of Microvascular Angina/Coronary Spasm.[5]The claimant was treated less favourably because of her protected characteristic, was discriminated against because of something arising in consequence of her disability and the respondent failed to comply with its duty to make reasonable adjustments.[6]The claimant is awarded injury to feelings assessed at £6,000. Total Award[7]The Total Award the respondent is ordered to pay to the claimant is £23,932.31.