Mr S Cohen v Ross & Liddell Limited — 2026

The claimant was employed as a lift attendant from 22 June 2024 until 15 August 2025. The Tribunal refused his application to amend to add a reasonable adjustments claim, finding that it was a new claim requiring further specification, was clearly out of time if raised at that stage, and would prejudice the respondent by risking delay to the final hearing.

For unfair dismissal, the Tribunal preferred the claimant's transcript of the 18 July 2025 meeting. It found that the claimant asserted a statutory right when he raised his holiday entitlement and said he should take the respondent to a Tribunal. The Tribunal found that this assertion was not the sole reason for dismissal, but was the principal reason. The claim was upheld under s104 Employment Rights Act 1996, and the Tribunal did not need to decide whether the same matter also amounted to a protected disclosure under s103A.

The disability discrimination claim was dismissed. The claimant relied on dyslexia and dyspraxia and said his presentation at the meeting, including pointing or similar conduct, was something arising from disability. The Tribunal found that the claimant was not dismissed because of the alleged behaviour and that it was not a significant influence on the decision to dismiss.

The unfair dismissal remedy contained no basic award because the claimant had less than two years' service. The Tribunal awarded past wage loss for 38 weeks at £831.60 per week, giving £31,600.80, plus £350 for loss of statutory rights. It applied a 25% ACAS Code uplift because of the respondent's failure to follow the Code, reduced by 10% because the claimant did not appeal, producing a net 15% uplift of £4,792.62 and a compensatory award of £36,743.42.

The wages claim was upheld. The Tribunal found unpaid overtime premiums of £9,108.08, notice pay of £3,326.40, and agreed sick pay of £151.20, producing an unauthorised deduction award of £12,585.68. The holiday pay claim was also upheld for 2025 only: the claimant was an irregular hours worker, had 150 untaken holiday hours at £12.60 per hour, and was awarded £1,890.

The right to be accompanied claim was upheld because the 18 July 2025 meeting became a disciplinary meeting once dismissal was a potential outcome, and the claimant was not given the opportunity to be accompanied. The Tribunal awarded two weeks' pay of £1,663.20. It also found that the written statement of terms and conditions was not provided within the s1 ERA time limit and made a further two-week additional award of £1,663.20 under s38 Employment Act 2002.