Mr Danny Gale v Sterling Extensive Services Ltd — 2022

At the liability hearing on 10 June 2022 before Employment Judge Sugarman, Mr Danny Gale succeeded in his complaint of disability harassment under section 26 of the Equality Act 2010. His complaint of direct disability discrimination under section 13 failed, and the victimisation complaint was recorded as dismissed upon withdrawal.

The tribunal also upheld the unfair dismissal complaint under section 111 of the Employment Rights Act 1996 and the claim for accrued but untaken holiday pay under Regulations 14 and 30 of the Working Time Regulations 1998. The remedy section also included a separate award under section 38 of the Employment Act 2002 for failure to provide a statement of terms and conditions of employment.

The respondent was ordered to pay £24,837.42 in total. That sum included £12,500 for injury to feelings, £1,650 interest on injury to feelings, £2,736.35 for loss of earnings during employment caused by unlawful harassment, £1,340.04 for past loss of earnings caused by the discriminatory dismissal, £326.11 interest on past financial losses, and a 10% uplift of £1,855 under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992. It also included £1,095.18 as the unfair dismissal basic award, £450 for loss of statutory rights, £1,460.24 under section 38 of the Employment Act 2002, and £1,424.50 for holiday pay. The judgment states that the recoupment provisions do not apply.