Claimant v Royale Group OPCO Limited

The tribunal found that the claimant was subjected to disability-related harassment contrary to section 26 of the Equality Act 2010. The claim was upheld against the first respondent as the employer at all material times.

The tribunal dismissed the direct disability discrimination claims as they were statutory alternatives to the harassment claims which had succeeded. Once harassment was established, the alternative direct discrimination claims were not pursued.

The tribunal found the claimant's dismissal to be unfair. A basic award and compensatory award for loss of statutory rights were awarded, with loss of earnings compensated under the discrimination award.

The tribunal upheld the wrongful dismissal claim, finding that the first respondent failed to pay the claimant's contractual notice pay. Notice pay of £2,430.16 was awarded.

The tribunal found the first respondent unlawfully failed to pay commission owed to the claimant. The sum of £6,000 in unpaid commission was awarded as unlawful deduction from wages.

The tribunal upheld the claim for unpaid holiday pay, awarding the claimant £1,093.10 for holiday entitlement that had accrued but not been paid by the first respondent.