Claimant v Dr. Thamber Sabartnam Ravindran, Mrs. Niranjala Ravindran & Dr. Roshan Ravindran Trading as East Park Medical Practice
Outcome
Individual claims
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.
The tribunal found that the conduct complained of did not meet the statutory definition of harassment related to disability under the Equality Act 2010.
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.
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.
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.
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
Vento band: middle
Legal authorities cited
Statutes
Case details
- Case number
- 1302152/2023
- Decision date
- 31 January 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No