Ms Yasemin Ozcan v Turkish Bank (UK) Limited — 2020

The tribunal held that the claimant's disability discrimination and religion or belief discrimination complaints arising before 11 April 2019 were out of time under s123 Equality Act 2010 and declined to extend time. It also found that the respondent should have known the claimant was disabled from 21 April 2019.

On the merits, the tribunal found that proceeding with the disciplinary dismissal hearing on 29 April 2019 in the claimant's absence, despite her medical explanation for not attending, was discriminatory. It treated that conduct as a failure to make reasonable adjustments and as harassment under the Equality Act 2010. The tribunal rejected the claimant's complaints of discrimination arising from disability, the remaining reasonable-adjustment complaints, the remaining harassment complaints, victimisation, and direct religion or belief discrimination.

The tribunal further found that the respondent unlawfully deducted wages by failing to pay statutory sick pay, unfairly dismissed the claimant, and dismissed her in breach of contract / wrongfully dismissed her. On remedy, it awarded £9,000 for injury to feelings for the successful disability/harassment finding, ordered a sum equivalent to statutory sick pay for the period from 8 March 2019 until dismissal subject to the statutory qualifying period, and said that unfair dismissal compensation should include a basic award and a compensatory award subject to a 50% deduction for contributory fault, with no Polkey deduction. It noted that any loss-of-earnings calculation should assume the claimant would have been able to return to work, but that in any event she would have been dismissed by reason of redundancy after the Dalston branch closed on 12 June 2020. The tribunal also noted the overlap between unfair dismissal and wrongful dismissal remedies and gave liberty to apply for a remedy hearing if compensation could not be agreed.