Member A McAlindin Tribunal Member S Lawson Miss Z Sutherland v Limited (in Liquidation) — 2020

The Tribunal found that the claimant did not resign on 29 April 2019 and was dismissed by the respondent on 9 May 2019. It preferred the claimant's evidence, noting among other matters that the respondent's email of 10 May and letter of 30 June referred to termination by the respondent and did not mention resignation.

The Tribunal found that the dismissal was triggered by the claimant submitting a Fit Note on 8 May 2019 and the related discussion about Statutory Sick Pay. The respondent knew of the claimant's injury and absence, and the Tribunal held that dismissal for submitting the Fit Note was unfavourable treatment because of something arising in consequence of disability. The respondent did not show objective justification. The direct disability discrimination claim was dismissed because the Tribunal did not find evidence from which to infer dismissal because of the injury itself, as opposed to the consequences of it.

The Tribunal also found that the claimant was dismissed without one week's notice and was entitled to compensation for breach of contract. It found she had not been paid in lieu of untaken holiday and awarded one week's pay. Because no compliant written statement of employment particulars had been provided, it made a two-week award under s38 Employment Act 2002. A 10% ACAS uplift was applied to the discrimination arising from disability and breach of contract awards, but not to the holiday pay award.