Miss D Summersett v Churchill Contract Services Ltd (England and Wales : Disability Discrimination) -[2017] UKET 2300426/2017- (14 December 2017)

BAILII

Automated Summary

Key Facts

The Employment Tribunal found Churchill Contract Services Limited breached the Employment Rights Act 1996 through unauthorised pay deductions (October 2016-March 2017), failed to comply with the National Minimum Wage Act 1998, and discriminated against the Claimant for a reason arising from disability under the Equality Act 2010, including failure to make reasonable adjustments. The Claimant was awarded £540 holiday pay and found constructively dismissed.

Issues

  • The Respondent failed to make reasonable adjustments for the Claimant, breaching section 20 of the Equality Act 2010.
  • The Respondent did not provide the Claimant with a statement of written particulars compliant with section 1 of the Employment Rights Act 1996 or a statement of changes under section 4.
  • The court found that the Respondent discriminated against the Claimant for a reason arising from disability, breaching section 15 of the Equality Act 2010.
  • The Claimant was constructively dismissed in breach of section 95(1)(c) of the Employment Rights Act 1996 and section 39(2)(c) of the Equality Act 2010.
  • The court found that the Claimant suffered unauthorised deductions from her pay between 1 October 2016 and 28 March 2017, which breached section 1 of the Employment Rights Act 1996.
  • The court determined that the Claimant had been provided with itemised pay statements during the relevant period, thus dismissing her claim that they were not provided.
  • The court awarded the Claimant holiday pay for 2016 in the amount of £540, finding her entitled to it.
  • The Respondent failed to comply with section 10 of the National Minimum Wage Act 1998 when responding to the Claimant's production notice on 16 March 2017.

Holdings

The Tribunal found the Respondent liable for unauthorised pay deductions (s1 ERA), non-compliance with the National Minimum Wage Act 1998, disability discrimination (s15 Equality Act), failure to make reasonable adjustments (s20 Equality Act), and constructive dismissal (s95 ERA and s39 Equality Act). The Claimant was awarded holiday pay of £540 for 2016. The claim regarding itemised pay statements was dismissed.

Remedies

The claimant was awarded holiday pay for 2016 in the amount of £540.

Monetary Damages

540.00

Legal Principles

  • The court found multiple breaches of statutory duties under the Employment Rights Act 1996 (sections 1, 95, 39) and National Minimum Wage Act 1998 (section 10).
  • The Respondent was found to have discriminated against the Claimant for a reason arising from disability and failed to make reasonable adjustments, in breach of the Equality Act 2010.

Cited Statute

  • Employment Rights Act 1996
  • Equality Act 2010
  • National Minimum Wage Act 1998

Judge Name

  • H Bharadia
  • Morton
  • N O'Hare

Passage Text

  • The Claimant was constructively dismissed in breach of s 95 (1)(c) ERA and s 39 (2)(c) Equality Act.
  • The Respondent discriminated against the Claimant for a reason arising from disability in breach of s15 Equality Act 2010 ("Equality Act").
  • The Claimant suffered unauthorised deductions from her pay in the period between 1 October 2016 and 28 March 2017 in breach of s 1 Employment Rights Act 1996 ("ERA").