Cases1302152/2023

Claimant v Dr. Thamber Sabartnam Ravindran, Mrs. Niranjala Ravindran & Dr. Roshan Ravindran Trading as East Park Medical Practice

31 January 2025Before Employment Judge WedderspoonBirminghamin person

Outcome

Claimant succeeds£16,942

Individual claims

Constructive Dismissalsucceeded

The tribunal found that the respondent's conduct amounted to a fundamental breach of contract entitling the claimant to resign. The claimant successfully established constructive unfair dismissal.

Harassment(disability)failed

The tribunal found that the conduct complained of did not meet the statutory definition of harassment related to disability under the Equality Act 2010.

Failure to Make Reasonable Adjustments(disability)succeeded

The tribunal found that the respondent failed to make reasonable adjustments for the claimant's disability, placing him at a substantial disadvantage compared to non-disabled persons.

Direct Discrimination(disability)succeeded

The tribunal found that the claimant was subjected to discrimination arising from disability. The respondent treated the claimant unfavorably because of something arising in consequence of his disability.

Victimisationsucceeded

The tribunal found that the claimant was subjected to a detriment because he had done a protected act under the Equality Act 2010, establishing victimisation.

Breach of Contractfailed

The claim for failure to provide particulars of employment was presented outside the statutory time limit and the tribunal did not find it just and equitable to extend time.

Facts

The claimant, Mr Shaw, was employed at East Park Medical Practice and brought claims relating to his disability. He alleged that the respondent failed to make reasonable adjustments, discriminated against him arising from his disability, subjected him to victimisation, and constructively dismissed him. He also claimed harassment related to disability and failure to provide written particulars of employment.

Decision

The tribunal upheld the claims of constructive unfair dismissal, failure to make reasonable adjustments, discrimination arising from disability, and victimisation. The claims of harassment related to disability and failure to provide employment particulars failed. The claimant was awarded £16,942.40 comprising injury to feelings (£10,000), interest (£2,347.40), basic award (£3,150), loss of earnings (£945), and loss of statutory rights (£500).

Practical note

Employers in medical practices must ensure they comply with disability discrimination obligations including making reasonable adjustments and avoiding victimisation, as constructive dismissal findings can follow when such failures are fundamental breaches.

Award breakdown

Basic award£3,150
Compensatory award£945
Injury to feelings£10,000
Loss of statutory rights£500
Interest£2,347

Vento band: middle

Legal authorities cited

Statutes

Equality Act 2010

Case details

Case number
1302152/2023
Decision date
31 January 2025
Hearing type
full merits
Hearing days
5
Classification
contested

Claimant representation

Represented
No