Miss. R. Senior, Counsel v Respondent — 2023

The tribunal, sitting at Birmingham before Employment Judge Wedderspoon with members Mr R.S. Virdee and Mrs E. Shenton, held that the claimant’s unfair dismissal claim was well founded and succeeded. It found that if the respondent had obtained an occupational health report and consulted the claimant, he would have been fairly dismissed by 17 August 2021, namely by no later than six weeks after 5 July 2021. The tribunal made no deduction for contributory fault.

The claim of discrimination arising from disability also succeeded. The tribunal found that the respondent would have been justified in dismissing the claimant by 17 August 2021, again by no later than six weeks after 5 July 2021. By contrast, the claim for failure to make reasonable adjustments was dismissed as not well founded.

On remedy, the tribunal awarded a basic award of £11,424. It also awarded £1,712.52 inclusive of interest for injury to feelings, and recorded a 25% deduction to the compensatory award for failure to appeal the dismissal decision. Separate sums were awarded for holiday pay of £126.23, sick pay of £43.36, pension payment of £81.90, and loss of statutory rights of £375, producing a total award including interest of £13,763.01. The breach of contract claim and the claim for failing to provide terms and conditions were both dismissed on withdrawal.