Miss G Young v G C Group Ltd: 4102176/2018

CourtEmployment Tribunal
Judgment Date30 March 2021
Citation4102176/2018
Publication Date21 May 2021
SubjectBreach of Contract
EMPLOYMENT TRIBUNALS (SCOTLAND)
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Case No:  4102176/2018
Held in Glasgow on 14, 15, 16 & 17 May and 12, 13, 14 & 15 November 2019,
and remotely via CVP on 8, 9, 12, 15, 16, 17 & 18 February 2021.
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Members Meeting 8 March 2021
Employment Judge: C McManus
Members : J McElwee
A Grant
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Miss G Young Claimant
In Person
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G C Group Ltd Respondent
Represented by:-
Mr S Maguire
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(Consultant)
JUDGMENT OF THE EMPLOYMENT TRIBUNAL
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The unanimous decision of the Tribunal is that:-
The claimant’s claim of (constructive) unfair dismissal is successful and the
claimant is awarded the total sum of £55,406.85 (FIFTY FIVE THOUSAND
FOUR HUNDRED AND SIX POUNDS AND EIGHTY FIVE PENCE, being
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comprised of an unfair dismissal basic award of £8,435.25 (EIGHT THOUSAND
4102176/2018 Page 2
FOUR HUNDRED AND THIRTY FIVE POUNDS AND TWENTY FIVE PENCE)
and a compensatory award of £46,971.60 (FORTY SIX THOUSAND NINE
HUNDRED AND SEVENTY ONE POUNDS AND SIXTY PENCE), that
compensatory award being the maximum compensatory award payable on
application of section 124(1ZA) of the Employment Rights, and the total sum
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being subject to the provisions of the Recoupment Regulations, as set out
below.
The claimant’s claim of disability discrimination under section 15 of the Equality
Act 2010 is unsuccessful and is dismissed.
The claimant’s claim under section 20 of the Equality Act 2010 is unsuccessful
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and is dismissed.
The claimant’s claim of harassment under section 26 of the Equality Act 2010
is unsuccessful and is dismissed.
The claimant’s claim of victimisation under section 27 of the Equality Act 2010
is unsuccessful and is dismissed.
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The claimant’s claim in respect of accrued unpaid holiday pay is unsuccessful
and is dismissed.
The claimant’s claim for unpaid notice pay is unsuccessful and is dismissed.
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4102176/2018 Page 3
REASONS
Background
1. The ET1 claim form was submitted by the claimant against the respondent on
25 January 2018. Claims were made for unfair dismissal, disability
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discrimination, notice pay, holiday pay, arrears of pay and other payments.
There was no specification of the particular statutory provisions which were
being relied upon in respect of the disability discrimination claim, or otherwise.
The ET3 response was submitted on behalf of the respondent on 27 February
2018. Agenda forms were completed by both parties. Preliminary Hearings
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(‘PH’s) for the purpose of case management in this case took place before EJ
S MacLean on 6 April 2017 and 8 August 2018.
2. The claimant was unrepresented. The respondent was represented by Mr
Maguire, who is not a legally qualified but does have experience in providing
representation before the Employment Tribunal and Employment Appeal
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Tribunal. Mr Maguire is a sole practitioner providing employment HR services
to clients, including the respondent. The claimant was concerned throughout
these proceedings about the representation by Mr Maguire because he had
been involved with the respondent throughout the internal grievance procedure
which has preceded these claims. Mr Maguire acted professionally in the
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proceedings before this Tribunal.
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