Ms L Millin (counsel) For the v Ms H Gardener (solicitor) — 2023

The liability judgment dated 2 September 2022 found that Mr A K Pollard Wilson's complaint of unfair dismissal was well founded. The tribunal held that the dismissal resulted from procedural unfairness, but that the adoption of a fair procedure would have delayed a fair dismissal to a date no later than 14 September 2020. It dismissed the claimant's disability discrimination complaints under section 13, section 15, and sections 20 and 21 of the Equality Act 2010.

At the remedy hearing on 29 March 2023, the tribunal recorded that the parties had agreed the basic award at £10,846.15, loss of earnings from 15 August 2020 to 14 September 2020 at £1,926.21, and loss of statutory rights at £500.00. Those figures produced a total award of £13,272.36, which the tribunal ordered in full and final settlement of the successful unfair dismissal complaint.

The tribunal also recorded a recoupment position under the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996. It understood that the claimant had not received any material benefits at the relevant time and stated that the respondent would not be required to withhold a prescribed element pending confirmation from the DWP as to whether recoupment applied. The written record also included the standard interest notice, including the relevant decision day of 3 April 2023 and stipulated rate of 8% per annum, but no separate interest sum was set out in the award.