EF For the v Respondent — 2025

This is a reserved remedy judgment of Employment Judge S George sitting alone at Reading (by CVP) on 25 and 27 June, 1 and 2 July, and 19 September 2025 (in chambers). The Respondent had conceded liability on 26 May 2023 and then for all claims in the List of Issues on 14 June 2023, so the tribunal was assessing remedy only for accepted acts of disability discrimination, namely removing the Claimant from the S&I Manager position on 21 June 2017, refusing to return him to that position in February 2019, and unjustified indirect disability discrimination through protracted disciplinary and grievance processes. The Claimant did not give oral evidence due to his state of health (PTSD, severe anxiety and depression with suicidal ideation); he participated through written statements and through EF, who was cross-examined.

The tribunal assessed personal injury damages at £20,000 with 8% interest of £3,333.18, then applied a 32% Chaggar reduction to reflect non-tortious causes, yielding £15,866.56. Injury to feelings was assessed at £8,000 with £4,742.50 interest and no Chaggar reduction, totalling £12,742.50. Past financial loss comprised reduced salary during sickness absence in 2018/19 (£11,066.66 with £5,818.94 interest) and COVID-19 cover (£7,208.60 with £2,883.44 interest), giving £26,977.64, reduced by 32% Chaggar to £18,344.80. Aggravated damages, exemplary damages, future loss of earnings, care, treatment, EF's loss of earnings, loans, life insurance and pension loss were each assessed at nil. The tribunal declined to apply an ACAS uplift under s.207A TULRCA, considering it not just and equitable in the circumstances.

From the gross total of £46,953.86 the tribunal deducted £11,150.95 already paid by the Respondent on 27 June 2025, producing total compensation of £35,802.91. The judge took care to avoid double-counting between personal injury and injury to feelings and noted that grossing-up could be addressed by the parties if necessary.