Mr A Kinsey v Atechy Group Limited — 2021

At the hearing in Liverpool on 18 November 2021, Employment Judge Horne noted that the respondent did not appear and was not represented, with participation restricted under rule 21. The judgment records that Atechy Outsource Limited was removed as a respondent and that the claimant, Mr A Kinsey, was employed by Atechy Group Limited.

The tribunal upheld the disability discrimination claim. It found that the respondent discriminated against the claimant arising from his disability by dismissing him. It also found that the respondent failed to comply with the duty to make reasonable adjustments by not providing auxiliary aids in the form of spell-checking software, grammar-checking software and screen-colour-adapting software, and by not permitting the claimant to work from home.

Damages were awarded for the totality of those three discriminatory acts. The tribunal awarded £11,814.55 for financial losses and £11,000 for injury to feelings, with a 10% increase under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 because the respondent unreasonably failed to comply with paragraphs 9 and 10 of the ACAS Code of Practice on Disciplinary and Grievance Procedures. Interest of £800 was also awarded, bringing the total payable under the judgment to £23,614.55. The claimant's request for aggravated damages was refused.

The claimant's unfair dismissal complaint and complaint under section 10 of the Employment Relations Act 1999 were dismissed following withdrawal by the claimant.