Back to search
3321043/2019Respondent Successful

CD

29 September 2025England & WalesEmployment Judge S George
GOV.UK

Case Summary

The Respondent discriminated against the Claimant by treating him less favourably on grounds of disability, removing him from his position and refusing to return him. The Respondent also subjected the Claimant to unjustified indirect disability discrimination through disciplinary and grievance matters taking a long time to conclude. Compensation for disability discrimination was awarded in the sum of £35,802.91.

Key Issues

  • removal from S&I Manager position on 21 June 2017; refusal to return him to the S&I Manager position by a decision in about February 2019 communicated to him on 7 March 2019
  • indirect disability discrimination by practice of disciplinary and grievance matters taking a long time to conclude

Claim Types

Cited Laws and Legal Issues

Employment Rights Act 1996 section 13Employment Rights Act 1996

of this claim and should be argued as a separate unauthorised deduction from wages complaint, subject to time limits for such a claim bein

Equality Act 2010 disability discriminationEquality Act 2010

ent also subjected the Claimant to unjustified indirect disability discrimination through disciplinary and grievance matters taking a lon

Equality Act 2010 sex / pregnancy discriminationEquality Act 2010

ion in a different provision of the then applicable Sex Discrimination Act 1975 required knowledge on the part of the employe

Transfer of Undertakings (Protection of Employment) Regulations 2006Transfer of Undertakings (Protection of Employment) Regulations 2006

erred to the legacy employer and transferred by TUPE transfer to the present respondent with effect o

Decision Text

. 1 EMPLOYMENT TRIBUNALS Claimant Respondent AB v CD Heard at: Reading (by CVP) On: 25 & 27 June and 1 & 2 July, 19 September 2025 (in chambers) Before: Employment Judge S George Appearances For the Claimant: EF For the Respondent: Ms T O’Halloran, Counsel RESERVED REMEDY JUDGMENT 1. The Respondent discriminated against the Claimant by treating him less favourably on grounds of disability and by subjecting him to unfavourable treatment for a reason arising in consequence of disability: 1.1. by removing him from the S&I Manager position on 21 June 2017; 1.2. by refusing to return him to the S&I Manager position by a decision in about February 2019 communicated to him on 7 March 2019. 2. The Respondent subjected the Claimant to unjustified indirect disability discrimination by the practice of disciplinary and grievance matters taking a long time to conclude. 3. The Respondent shall pay to the Claimant compensation for disability discrimination in the sum of £35,802.91 calculated as follows: . 2 GENERAL DAMAGES Personal Injury 20,000.00 Interest on @ 8% from 31.08.23 to 29.09.25 (761 days) @ £4.38 p.d 3,333.18 1 23,333.18 LESS 32% Chaggar reduction 2 (7,466.62) 15,866.56 15,866.56 Injury to feelings 8,000.00 Interest on @ 8% from 30 April 2018 to 29 September 2025 (2710 days) @ £1.75 p.d. 4,742.50 3 12,742.50 LESS 0% Chaggar reduction 4 0 12,742.50 12,742.50 Aggravated Damages NIL Exemplary Damages NIL FINANCIAL LOSS Reduced salary due to sickness absence tax year 01.04.2018 to 31.03.2019 11,066.66 Interest on that @ 8% from 1.12.2018 to 27.06.2025 2399 days @ £2.42 p.c. 5,818.94 5 COVID-19 cover 7,208.60 6 Interest on that @ 8% from 30.09.2020 to 29...

Download full PDF

Case Details

Case Number
3321043/2019
Decision Date
29/09/2025
Published
03/10/2025
Jurisdiction
England & Wales
Judge
Employment Judge S George