Mr S Ireland v EI Group plc: 1300876/2021
JUDGMENT
The Claimant’s claims of unfair dismissal and age discrimination succeed. His claim of automatic unfair dismissal fails. There will be a remedy hearing on 2 November 2022 JUDGMENT ON REMEDY The Claimant’s claims of unfair dismissal and age discrimination succeeded.[1]There was a 75% chance the claimant would have remained employed but for the unfairness / discrimination.[2]He would have remained in employment until 1 July 2022.[3]He did not fail to mitigate his losses.[4]Credit is to be given for hisa. notice pay andb. subsequent earnings with Amazon[5]By consent, the claimant is awarded a basic award (after credit for his redundancy payment) of £1076[6]He is also awardeda. £500 for loss of statutory rights andb. £13000 for injury to feelings[7]Interest is payable at 8% Case Number: 1300876/2021[8]Grossing up will be required (for all amounts payable over £30k less the redundancy payment already received).[9]There is currently a lack of clarity / consensus over the value of some of the claimant’s contractual benefits.[10]The parties expressed a desire for time to agree these and the remaining calculations.[11]Accordingly, the parties have 28 days to achieve a final resolution. They should notify the tribunal if they are successful.[12]If not, they should clearly set out, in writing, their respective positions on any outstanding matters which, it was agreed, would be determined by the tribunal (or, with the parties’ consent, EJ Broughton alone) on the papers.