Mr L Hammersley v Warren Taylor t/a R & M Consultancy 2.R & M Consultancy Limited — 2023

The tribunal held that the correct respondent to the claims was Warren Taylor trading as R & M Consultancy, and dismissed R & M Consultancy Limited from the proceedings. Sitting alone, Employment Judge Holmes found that the claimant had autism and, at the material time between 21 March 2022 and 30 August 2022, was a person with a disability for the purposes of section 6 of the Equality Act 2010.

The tribunal upheld the disability discrimination claim under section 15 Equality Act 2010. It found that the claimant had been signed off work with work-related stress on 26 August 2022, that the stress arose from his autism and the way he was treated at work, and that the dismissal sent later on 30 August 2022 was because of something arising in consequence of that disability. The tribunal accepted that, on the evidence before it and in the absence of any response from the respondent, the claimant’s absence was the reason for dismissal. It also noted that the respondent had not advanced any knowledge defence.

The tribunal awarded compensation for that discrimination by reference to past and future loss of earnings, injury to feelings and interest. It assessed past loss of earnings at £18,694.14 to the date of hearing, future loss at £4,611.84 to 31 December 2023, and injury to feelings at £12,500 in the middle Vento band, with interest of £1,953.65 calculated at 8% under the Employment Tribunals (Interest) Order 1990. It also upheld the money claims, awarding £1,906.02 net for unpaid notice pay under section 13 Employment Rights Act 1996 and £215.38 gross for two days' holiday pay under regulation 15 of the Working Time Regulations 1998. The final hearing listed for May 2024 was vacated.