in person v Street Kitchen Brothers Ltd (in Creditors Voluntary Liquidation) — 2023

The respondent took no further part in the proceedings and did not appear. After hearing from the claimant, the tribunal upheld claims that she had been wrongfully dismissed without notice on 26 October 2021, that she worked on 3 October 2021 and was not paid for that day, and that she was owed 10 days of accrued but untaken holiday on termination.

The tribunal also upheld disability-related complaints. It found that the claimant was disabled and had been subjected to discrimination arising from disability, including in relation to her dismissal. It further found that the respondent failed to make reasonable adjustments to support her and that she was subjected to harassment related to disability. A further complaint that she was subjected to hostility after raising health and safety concerns and protected disclosures was also upheld.

The tribunal recorded that other claims for detriment, automatically unfair dismissal, victimisation and direct discrimination were adequately addressed by the findings above and were not pursued. On remedy, it noted that the claimant found alternative work on 25 November 2021, but that she gave evidence of significant adverse effects on her mental health and injury to her feelings as a result of the upheld claims.

The claimant was awarded £88 for unpaid wages, £880 for holiday pay, £440 for notice pay, and £1,320 for loss arising from discriminatory dismissal. The tribunal made a further award of £24,000 for injury to feelings, stated to be inclusive of personal injury and interest, bringing the total award to £26,728.