Mr R Downey (counsel) For the v Respondent — 2023

Following the liability judgment dated 10 May 2022, the tribunal heard remedy evidence on 16 and 19 June 2023. It dealt with two upheld complaints: unfavourable treatment because of something arising in consequence of disability, arising from the reduction of the claimant's pay to half pay between 16 July 2019 and 17 September 2019, and victimisation by instigating the Trust and Confidence process on 3 January 2020.

The parties agreed the pay shortfall for July to September 2019 was £3,411.45 net, with £1,030.28 interest. The tribunal grossed that sum up at 20% and awarded £4,264.30. On victimisation, it found that the instigation and continuation of the process caused the claimant's sick leave from March 2020 and the termination of her employment on 20 November 2020; there was no chance her employment would have ended on ill-health grounds in any event. It accepted that she had to give credit for post-termination earnings and pay in lieu of notice, and awarded £20,793.81 for lost earnings to termination, £3,586.93 for loss of earnings after termination, and interest on those sums.

For injury to feelings the tribunal applied the Vento framework and awarded £35,000, taking account of the fact that some of the claimant's distress related to matters not upheld in the liability judgment. It also found a moderate psychiatric injury, accepted Dr Cullen's assessment that 80% of that divisible harm was attributable to victimisation, and awarded £15,256 plus £13,834.85 interest. The tribunal found no future financial loss because the claimant's full pension and likely future earnings exceeded the salary she would have earned had she remained employed, and the total award was £96,424.59.