Case 1404297/2021 · Employment Tribunal
Ms S. David (Counsel) v Respondent — 2024
- Case reference
- 1404297/2021
- Decision date
- 18 October 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Smail
- Venue
- Exeter
- Panel members
- Ms R. Barrett, Mr I Ley
Parties
1 namedClaimant
Ms S. David (Counsel)
Respondent
- —
Key findings
Tribunal's reasoningAt the remedy hearing held in Exeter on 13 September 2024 before Employment Judge Smail, with Ms R. Barrett and Mr I Ley sitting as lay members, the tribunal recorded that the Claimant had been successful in claims under ss. 20 and 15 Equality Act 2010 and s. 98 Employment Rights Act 1998. The respondent was ordered to pay £74,460.77 within 14 days of the order being sent to the parties.
The order states that the payment was made up of £10,000 for injury to feelings, a basic award of £14,416, £500 for loss of statutory rights, £27,992.45 for loss of earnings, and £5,766.54 interest. The tribunal also ordered £15,785.78 by way of grossing up, because the total of the taxable elements at paragraphs 2a to 2e exceeded the Claimant's £30,000 tax-free allowance.
The parties had agreed that the injury to feelings award would be taxable. The tribunal directed them to inform it by 25 October 2024 whether they had reached agreement on the amount to be paid in respect of pension loss, so that element was left open at the date of this remedy judgment.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Successful claims under ss. 20 and 15 Equality Act 2010; this remedy judgment records the award but does not split the compensation between the discrimination claims. | Upheld | Disability | — |
| Unfair dismissal | Successful under s. 98 Employment Rights Act 1998 as stated in the judgment; the award was not apportioned separately to this claim. | Upheld | — | — |
Remedy
Monetary award- Total award
- £74,461
- across all upheld claims
- Basic award
- £14,416
- statutory, unfair dismissal
- Compensatory award
- £28,492
- compensatory remedy recorded
Legal tests applied
2 references- ss. 20 and 15 Equality Act 2010
- s. 98 Employment Rights Act 1998
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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