Ms H Kainth v Dr S Babu and others (collectively a partnership, T/a Townfield Doctors Surgery) (England and Wales : Age Discrimination) -[2022] UKET 3307323/2020- (12 May 2022)

BAILII

Automated Summary

Key Facts

Case No: 3307323/2020. The Claimant succeeded in a victimisation claim under section 39(4)(c) (victimisation by 'any other detriment') of the Act. The Respondents (Townfield Doctors Surgery partnership) were ordered to pay £1720.60, including £1500 for injury to feelings and £220.60 interest. All other claims, including harassment, failure to make reasonable adjustments, and discrimination on grounds of race, age, religion, and sex, were dismissed.

Issues

  • The complaint of harassment within section 26(3) of the Equality Act (EQA) was dismissed.
  • The complaints of direct discrimination based on race, age, religion, and sex were all dismissed.
  • The complaint of harassment within section 26(2) of the Equality Act (EQA) was dismissed.
  • The complaint of failure to make reasonable adjustments under the Equality Act (EQA) was dismissed.
  • The claimant was determined to have a disability under section 6 EQA from 17 April 2020, but the discrimination claim under section 15 EQA was dismissed.
  • The tribunal found a contravention of section 39(4)(c) (victimisation by 'any other detriment') but no contravention of section 39(4)(d) (victimisation by dismissal).

Holdings

  • The Claimant met the definition of a person who has a disability within section 6 EQA from 17 April 2020 onwards.
  • The complaints of harassment within the definition in section 26(2) EQA fail and are dismissed.
  • The complaints of harassment within the definition in section 26(3) of the Equality Act ("EQA") fail and are dismissed.
  • The complaints of direct discrimination because of (i) race (ii) age (iii) religion (iv) sex each fail and are dismissed.
  • The complaint of discrimination within the meaning of section 15 EQA fails and is dismissed.
  • The complaint that it was victimisation that Mr Kalra alleged that the claimant was racist or islamophobic succeeds.
  • The complaint of failure to make reasonable adjustments fails and is dismissed.
  • The other complaints of victimisation fail and are dismissed.

Remedies

  • £1500 for injury to feelings
  • £220.60 interest on £1500 for the period 10 July 2020 to 11 May 2022 (671 days) at 8% per annum

Monetary Damages

1720.60

Legal Principles

The court applied the principle of victimisation under the Equality Act 2010, specifically section 39(4)(c) regarding 'any other detriment'. The tribunal found that the claimant's complaint of victimisation succeeded in this context, while other claims of harassment, discrimination, and failure to make reasonable adjustments were dismissed.

Cited Statute

Equality Act 2010

Judge Name

  • Employment Judge Quill
  • Mr Murphy
  • Mr Kapur

Passage Text

  • (1) The complaint that it was victimisation that Mr Kalra alleged that the claimant was racist or islamophobic succeeds.
  • (10) The Respondents are ordered to pay the Claimant the sum of £1720.60. The breakdown of that sum is: (i) £1500 for injury to feelings (ii) Interest of £220.60...
  • (9) The contravention of the Act is of section 39(4)(c) (victimisation by "any other detriment") and there was no contravention of section 39(4)(d) (victimisation by dismissal), even taking account of section 39(7)(b).