Chloe Geldard v Stabby Limited AT A HEARING — 2023

The tribunal found that Chloe Geldard's dismissal on 16 October 2022 was less favourable treatment because of disability and held that the direct discrimination claim was well-founded. Remedy for that act of disability discrimination was adjourned to a further hearing.

The claimant's statutory automatically unfair dismissal claim under section 104A(1)(c) of the Employment Rights Act 1996 failed because she could not show that the principal reason for termination was the asserted national minimum wage issue. The wrongful dismissal claim succeeded, and the respondent was ordered to pay £266.00 gross, calculated on the basis of one week's notice at 4 days per week and 7 hours per day at £9.50 per hour.

The tribunal found that no accrued holiday pay had been paid at termination and awarded £1,199.66 gross, using 4.51 weeks' entitlement at £266.00 per week. It also found a series of unauthorised deductions from wages because the claimant had not been paid at the appropriate national minimum wage throughout her employment, awarding £4,007.72 gross by comparing 756 hours worked at the relevant rates of £8.91 and £9.50 with the £2,950.00 actually paid. A further award of £1,064.00 gross, equal to four weeks' pay, was made under section 38 of the Employment Act 2002 because the respondent had not provided a written statement complying with Part 1 of the Employment Rights Act 1996. The awards made at this hearing totalled £6,537.38, excluding the adjourned discrimination remedy.