Claimant v Paul Morrison
Outcome
Individual claims
The tribunal found that the claimant was constructively wrongfully dismissed and entitled to damages reflecting his statutory notice entitlement of one week's pay, calculated at gross pay of £198.13 to reflect the likelihood of tax on Post Employment Notice Pay.
The tribunal found that the respondent failed to pay the claimant in accordance with the Working Time Regulations 1998 and awarded the gross sum of £512.17 for unpaid holiday pay.
The tribunal found that the respondent made unlawful deductions from the claimant's wages and awarded the gross sum of £865.01 to compensate for these deductions.
The tribunal found that the respondent failed to pay statutory sick pay to which the claimant was entitled, awarding the gross sum of £96.35.
The tribunal found that the respondent failed to pay the claimant for travel time to which he was entitled, awarding the gross sum of £2,071 for this non-payment.
The tribunal found that the claimant was disabled by reason of ADHD and Stress Related Muscular Tension, and that the respondent failed to make reasonable adjustments for these disabilities, awarding £5,000 injury to feelings.
The tribunal found that the respondent subjected the claimant to harassment relating to his disabilities (ADHD and Stress Related Muscular Tension), with this finding contributing to the £5,000 injury to feelings award.
Facts
The claimant worked for the respondent, an individual employer, until 27 October 2022. The respondent failed to provide written employment particulars or itemised pay statements. The claimant, who was disabled by reason of ADHD and Stress Related Muscular Tension, was not provided with reasonable adjustments and was subjected to disability-related harassment. The respondent also failed to pay the claimant properly for wages, travel time, holiday pay, and statutory sick pay. The claimant resigned in response to these breaches.
Decision
The tribunal found in favour of the claimant on all claims. The respondent was ordered to pay notice pay, unpaid wages totalling over £3,000, £5,000 injury to feelings for disability discrimination, and a penalty of two weeks' pay for failing to provide employment particulars. The respondent did not attend the hearing to contest the claims.
Practical note
Individual employers who fail to meet basic employment obligations including providing contracts, paying wages correctly, and making reasonable adjustments for disabled employees face substantial liability even in relatively short employments, particularly when they fail to defend claims.
Award breakdown
Vento band: lower
Legal authorities cited
Statutes
Case details
- Case number
- 2301264/2023
- Decision date
- 18 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Paul Morrison
- Sector
- other
- Represented
- No
Employment details
Claimant representation
- Represented
- No