Outcome
Individual claims
The tribunal found that the claimant did not establish facts from which disability discrimination could be inferred. The dismissal and treatment complained of were not because of the claimant's disability.
The tribunal concluded that the respondent's treatment of the claimant did not arise in consequence of her disability, and the respondent did not discriminate against her on this basis.
The tribunal found that the claimant had accrued 14 days of unpaid annual leave including 4 bank holidays at termination, and the respondent had failed to pay this. The claim for holiday pay succeeded in full.
The tribunal determined that the respondent had made unlawful deductions from the claimant's wages, with £53.55 gross remaining unpaid at the termination of employment.
The tribunal found that the respondent dismissed the claimant without providing the required two weeks' notice pay, constituting a breach of contract. The claim for notice pay succeeded.
Facts
Ms Kainth was employed by Dr Kukar from 2 January 2019 until her dismissal on 2 August 2019, a period of 7 months. She brought claims for disability discrimination (both direct and arising from disability) as well as claims for unpaid holiday pay, unlawful deduction of wages, and breach of contract relating to notice pay. The respondent did not attend or provide representation at the hearing.
Decision
The tribunal dismissed the disability discrimination claims, finding no evidence that the treatment was because of or arising from the claimant's disability. However, all the monetary claims succeeded, with the tribunal awarding £714 for accrued holiday pay, £53.55 for unpaid wages, and £510 for notice pay, totalling £1,277.55 gross.
Practical note
Even where discrimination claims fail, basic employment law breaches relating to wages, holiday pay and notice pay can succeed, and non-attendance by a respondent does not guarantee claimant success on all heads of claim.
Award breakdown
Case details
- Case number
- 2204553/2019
- Decision date
- 30 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Dr Rahul Kukar
- Sector
- —
- Represented
- No
Employment details
- Service
- 7 months
Claimant representation
- Represented
- No