Cases1404297/2021

Claimant v South Western Ambulance Service NHS Foundation Trust

26 September 2025Before Employment Judge SmailSouth West Region

Outcome

Claimant succeeds£17,144

Individual claims

Failure to Make Reasonable Adjustments(disability)succeeded

The judgment records that the Claimant was successful in his claim under s.20 Equality Act 2010, which concerns the duty to make reasonable adjustments for disabled persons.

Discrimination Arising from Disability (s.15)(disability)succeeded

The Claimant succeeded in his claim under s.15 Equality Act 2010, which concerns discrimination arising from disability.

Unfair Dismissalsucceeded

The Claimant was successful in his claim under s.98 Employment Rights Act 1996, which concerns the fairness of dismissal.

Facts

This is a consent judgment following a successful claim by Mr Young against the South Western Ambulance Service NHS Trust. The Claimant had succeeded in claims of failure to make reasonable adjustments, disability discrimination, and unfair dismissal. A remedy hearing was held on 13 September 2024, with an initial remedy judgment issued on 18 October 2024. The parties subsequently agreed additional amounts for pension loss and grossing up.

Decision

The tribunal ordered the respondent to pay £17,143.59, comprising pension loss of £12,620.90 and £4,522.69 for grossing up to account for the claimant's tax-free allowance having been exhausted by the earlier remedy judgment. The parties agreed that the injury to feelings award would be taxable.

Practical note

This consent judgment demonstrates how pension loss and tax grossing up calculations may need to be addressed in supplementary remedy orders following an initial remedy hearing, particularly where the claimant's tax-free allowance has been exhausted.

Award breakdown

Pension loss£12,621

Legal authorities cited

Statutes

EqA 2010 s.20EqA 2010 s.15ERA 1996 s.98

Case details

Case number
1404297/2021
Decision date
26 September 2025
Hearing type
remedy
Hearing days
Classification
contested

Respondent

Sector
Represented
No

Claimant representation

Represented
No