in person For v Mr L Welsh (HR Consultant) — 2022

The respondent's response was struck out. The tribunal recorded the pregnancy and maternity discrimination claim as dismissed following the claimant's withdrawal at the preliminary hearing on 21 July 2021. It also dismissed the direct race discrimination claim for want of jurisdiction because it was presented out of time under s.123(1)(a) EqA 2010 and the tribunal did not consider it just and equitable to extend time under s.123(1)(b) EqA 2010. The direct sex discrimination claim was dismissed.

The tribunal held that it had jurisdiction to determine the reasonable adjustments complaint under s.123(1)(b) EqA 2010, but found that at all relevant times the claimant did not have a disability within the meaning of s.6 EqA 2010. On that basis, the claim under ss.20 and 21 EqA 2010 failed and was dismissed.

The tribunal upheld the unfair dismissal claim and awarded compensation of £14,147. The award section records a basic award of £1,614, but that amount was fully offset by SRP received so the total basic award was nil. The compensatory award was calculated by reference to lost salary and pension benefits for 5.8 months from the effective date of termination on 6 August 2020, less notice pay received and £500 for loss of statutory rights; the tribunal recorded a nil Polkey reduction. For recoupment purposes, the prescribed element was £13,647, the prescribed period ran from 6 August 2020 to 23 June 2022, and the excess over the prescribed element was £500.