L Blaidd v Pansy Corna Ltd (creditors voluntary liquidation): 6010090/2024

EMPLOYMENT TRIBUNALS

Case No 6010090/2024

Between

L BlaiddClaimant

Pansy Corna Ltd (creditors voluntary liquidation)Respondent

Before

Employment Judge Shotter

Mr G Deanne (instructed by counsel) for claimant

Not in attendance for respondent

Date 25 April 2025

JUDGMENT

[1]The claimant was subjected to detriment by the respondent done on the ground that he had made a protected disclosure, his claim of detriment brought under section 47B of the Employment Rights Act 1996 as amended is well-founded and succeeds.

[2]The claimant was automatically unfairly dismissed under section 100 and 103A of the Employment Rights Act 1996. The respondent is ordered to pay damages for unfair dismissal in the sum of £304.81 net consisting of a compensatory award (loss of earnings 10 May 2024 to 21 May 2024 11 days@ £27.71 per day).

[3]The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the compensatory award payable to the claimant by 25% in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992. The respondent is ordered to pay an uplift of 25 percent totalling £76.20.

[4]The claimant was a disabled person at all material times in accordance with section 6 of the Equality Act 2010 and the respondent had the requisite knowledge for the relevant period.

[5]The claimant was treated less favourably than a hypothetical comparator and his claim of disability discrimination brought under section 13 of the Equality Act 2010 is well founded and succeeds.

[6]The claimant was treated unfavourably because of something arising in consequence of disability, his claim brought under section 15 of he Equality Act 2010 is well-founded and succeeds.

[7]The claimant was harassed and his claim of harassment brought under section 26 of the Equality Act 2010 is well founded and succeeds.

[8]The claimant suffered a loss of earnings as a result of being subject to detriments and unlawful disability discrimination. The respondent is ordered to pay to the claimant loss of earnings in the sum of £831.30 for the period 9 April 2024 to 9 May 2025 (4 weeks 2 days @ £27.71 per day).

[9]The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the loss of earnings award payable to the claimant by 25% in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992. The respondent is ordered to pay an uplift of 25 percent totalling £207.83.

[10]The claimant suffered injury to feelings as a result of being subject to determinant and unlawful disability discrimination. The respondent is ordered to pay to the claimant damages for injury to feelings in the sum of £8000 (eight thousand pound) together with interest at 8 percent from 9 April 2024 to 25 April 2025 totalling £664.62 (54 weeks @ £12.31 per week).

[11]The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the injury to feelings award payable to the claimant by 25% in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992. The respondent is ordered to pay an uplift of 25 percent totalling £2000 (two thousand).