Case 1307462/2020 · Employment Tribunal
Mr Alexander Mac Millan counsel For the v Ms Janey Whitely solicitor advocate — 2023
- Case reference
- 1307462/2020
- Decision date
- 6 March 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dean
- Venue
- Birmingham
- Panel members
- Mrs D Hill OBE, Mr P Simpson
Parties
2 namedClaimant
Mr Alexander Mac Millan counsel For the
Respondent
Key findings
Tribunal's reasoningThe tribunal found that Mr D Austin was at all relevant times a disabled person within section 6 of the Equality Act 2010. His complaints of direct discrimination under section 13 and of failure to comply with sections 20 and 21 were withdrawn and then dismissed by the tribunal.
The tribunal upheld the unfair dismissal complaint under section 94 of the Employment Rights Act 1996 and also upheld a separate disability discrimination complaint under section 15 of the Equality Act 2010. The extracted judgment renders the Employment Rights Act year as 1078, but the provision relied on is section 94.
For unfair dismissal, the tribunal ordered £11,988 compensation for loss arising from dismissal, including £500 for loss of statutory rights. For the section 15 claim, it awarded £20,000 for injury to feelings plus £1,020.27 interest at 2% per annum. The total award was £33,008.27, with a prescribed element of £11,488 for the period 14 August 2020 to 2 March 2023 and an excess of £21,520.27.
Claims and outcomes
4 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Complaint under s.13 Equality Act 2010; the claimant had withdrawn it and the tribunal dismissed it. | Dismissed | Disability | — |
| Disability discrimination | Complaints under ss.20 and 21 Equality Act 2010; the claimant had withdrawn them and the tribunal dismissed them. | Dismissed | Disability | — |
| Unfair dismissal | The tribunal found unfair dismissal under s.94 Employment Rights Act 1996; the award of £11,988 included £500 for loss of statutory rights. The extracted text renders the Act year as 1078. | Upheld | — | £11,988 |
| Disability discrimination | The tribunal found unlawful discrimination in breach of s.15 Equality Act 2010. The award comprised £20,000 for injury to feelings plus £1,020.27 interest at 2% p.a. | Upheld | Disability | £21,020 |
Remedy
Monetary award- Total award
- £33,008
- across all upheld claims
- Compensatory award
- £11,988
- compensatory remedy recorded
Legal tests applied
5 references- s.6 Equality Act 2010
- s.13 Equality Act 2010
- ss.20 and 21 Equality Act 2010
- s.15 Equality Act 2010
- s.94 Employment Rights Act
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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