Claimant v Cragg and Roberts Limited
Outcome
Individual claims
The tribunal found in favour of the claimant on the disability discrimination claim. The respondent was struck out and did not participate in the remedy hearing. The tribunal awarded compensation for loss of earnings, injury to feelings, and applied a 20% ACAS uplift.
Facts
Mr Baxenden brought a disability discrimination claim against Cragg and Roberts Limited. His employment ended on 5 June 2023. The respondent was struck out, meaning they did not participate in the proceedings. This was a remedy hearing held remotely by video on 25 March 2025 to determine compensation following a finding of liability for disability discrimination.
Decision
The tribunal awarded the claimant a total of £53,470.02 comprising 55 weeks' loss of earnings (£25,831.30), notice pay (£1,557.19), injury to feelings (£15,000 in the middle Vento band), and interest (£2,169.86). The tribunal also applied a 20% ACAS uplift of £8,911.67 for the respondent's failure to follow the ACAS Code. The recoupment regulations apply.
Practical note
Failure to respond can result in a respondent being struck out, leading to a substantial award including injury to feelings in the middle Vento band and a 20% ACAS uplift for procedural failures.
Award breakdown
Vento band: middle
Adjustments
20% uplift applied for respondent's failure to follow ACAS Code
Case details
- Case number
- 2407599/2023
- Decision date
- 24 April 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- solicitor