The claimant succeeded in part on reasonable adjustments claims but failed on the claim regarding the attendance management procedure, resulting in a split outcome and an award of £23,410.87.
Legal Issues (4)
Reasonable adjustments under sections 20-21 and schedule 8 of the Equality Act 2010
attendance management procedure as a PCP
remedy including compensation for financial loss and injury to feelings
The tribunal held that judicial proceedings immunity applied to the decisions to dismiss the claimants, and that the EU law-based interpretation in P v Commissioner of Police of the Metropolis no longer applies after Brexit, so the claims were dismissed for lack of jurisdiction.
Legal Issues (3)
Whether judicial proceedings immunity applies to police misconduct proceedings under the Equality Act 2010 after the removal of EU law supremacy
interpretation of P v Commissioner of Police of the Metropolis [2017] UKSC 65
effect of the European Union (Withdrawal) Act 2018 on the Marleasing interpretation of section 42 of the Equality Act 2010
All claims dismissed; claimant was fairly dismissed, disability and wage claims dismissed as out of time or on merits, and breach of contract claim without jurisdiction.
Legal Issues (6)
Jurisdiction over time-barred claims
definition of disability (stress/anxiety and shoulder pain accepted; other conditions not)
unfair dismissal test
disability discrimination (reasonable adjustments, harassment, discrimination arising from disability)
unlawful deduction from wages (including notice pay, holiday pay, commission, SSP, and an overpayment deduction)
breach of contract claim brought during employment
The claimant succeeded on her claim of constructive unfair dismissal, and the Tribunal found the dismissal was unfair under section 98 of the Employment Rights Act 1996, awarding a basic award of £3,120.
The claimant's reconsideration application was refused because withdrawal of a claim is not a judgment and cannot be reconsidered; the original claim was withdrawn and dismissed.
The claimant's unfair dismissal claim was not well founded, and the respondent's justification defence succeeded in respect of the discrimination claim, leading to dismissal of all claims.
The claimant was unfairly dismissed because the respondent failed to establish a potentially fair reason for dismissal and the dismissal was procedurally unfair, lacking any proper process.
Legal Issues (5)
Unfair dismissal under section 98 ERA 1996
failure of employer to show reason for dismissal
lack of procedural fairness in breach of ACAS Code of Practice
The Tribunal granted a protective award after finding the respondent had failed to comply with its collective consultation obligations under section 188 TULR(C)A 1992.
Legal Issues (3)
Whether the respondent complied with its duty under section 188 TULR(C)A 1992 to inform and consult employee representatives or individual employees when proposing 20 or more redundancies
the consequences of failing to respond to the claim
the appropriate protective award under section 189
The claimants failed to show their work as Business Advisers was like work to that of Account Managers – the roles were materially different in content, responsibility and time allocation.
Legal Issues (5)
Equal pay – like work comparison under Equality Act 2010 sections 64(1)(a) and 65(1)(a)
definition of 'work' in equal pay cases
significance of differences in content and time spent
The Tribunal found that the respondent acted reasonably in treating redundancy as a sufficient reason for dismissal, and the dismissal fell within the band of reasonable responses.
Legal Issues (4)
Reasonableness of redundancy dismissal under section 98(4) Employment Rights Act 1996
The claimant's unfair dismissal claim was struck out for lack of two years' service, and his discrimination claims were struck out because the respondent could not be held liable for the alleged acts of Autosmart employees; a holiday pay claim remains pending.
Legal Issues (5)
Jurisdiction for unfair dismissal (two-year service requirement)
strike out for no reasonable prospects
vicarious liability under s.109 Equality Act 2010 for acts of third-party employees
The tribunal found the respondent failed to consult on redundancies and ordered a protective award of 90 days' pay for each claimant; Mr G England's wages claims were withdrawn.
The claimant succeeded in having commission included in the calculation of redundancy and notice pay, but failed on her claim for arrears of commission.
Legal Issues (2)
Whether commission earnings must be included in the calculation of statutory redundancy pay and payment in lieu of notice
The claimant succeeded on all three substantive complaints (unauthorised deductions, breach of contract for notice pay, and unfair dismissal) with the respondent ordered to pay compensation including ACAS uplifts.
Legal Issues (6)
Unauthorised deductions from wages
breach of contract (notice pay)
unfair dismissal
failure to provide written statement of employment particulars
The claimant's unfair dismissal claim was struck out for lack of the required two years' service, and all other discrimination claims were dismissed as not well founded.
Legal Issues (5)
Jurisdiction for unfair dismissal (two-year continuous service requirement under s.108 Employment Rights Act 1996)
definition of disability under s.6 Equality Act 2010