Mrs P Simm v The High Street Surgery: 3323617/2021
JUDGMENT
[1]The Claimant’s claim that she been constructively unfairly dismissed under section 95 Employment Rights Act 1996 is well founded and succeeds.[2]The Claimant is awarded £5687.21 in compensation for unfair dismissal.[3]The Employment Protection (Recoupment of Benefits) Regulations 1996, SI 1996/2349, apply to the award made under section 123 of the ERA 1996. The monetary award for that purpose made to the Claimant is £5687.21. The prescribed element is £1,978.65. The dates of the period to which the prescribed element is attributable are 25 November 2021 to 18 August 2023. The monetary award exceeds the prescribed element by £3,708.56.[4]The Claimant’s was not treated less favourably by the Respondent because of disability. The claim for direct discrimination because of disability under section 13 Equality Act 2010 is not well founded and is dismissed.[5]The Claimant claim for disability discrimination under section 21 Equality Act 2010 is not well founded and is dismissed.[6]The recoupment particulars are annexed to this judgment.