Mr P. Bednarski v Adpol London Ltd and 2 others — 2020

The Respondents did not file responses and did not attend, so the tribunal entered judgment under rule 21. The Claimant had worked for the First Respondent as Branch Director from 2 May 2017 until 30 October 2019. He had a permanent disability affecting his mobility arising from childhood bone cancer, and after a foot injury at work on 10 July 2019 he became completely immobile and remained signed off sick until 5 January 2020.

The tribunal upheld disability discrimination against all three Respondents. It found that the Claimant was dismissed in consequence of disability-related absence from work, so the claim fell within s.15 Equality Act 2010. The Second and Third Respondents were the director and owner of the First Respondent business and were the individuals who dismissed him. The unfair dismissal claim was upheld against the First Respondent only, because it was the employer and dismissed the Claimant on 18 October 2019 without following any process.

On remedy, the tribunal found that if a fair procedure had been followed, with consultation and medical advice, the Claimant would still have been dismissed within four weeks of 18 October 2019 and would have received two weeks' notice. It awarded £1,055.10 for financial losses on the discrimination claim, including notice pay, and £12,500 for injury to feelings in the Vento middle band. It also awarded a £384 basic award for unfair dismissal and £527.55 for untaken holiday. No separate compensatory award was made for unfair dismissal because the financial losses overlapped with the discrimination award. The three Respondents were jointly and severally liable for £13,555.10, and the First Respondent was liable for a further £911.55.