Mr A Wibaut v OP Mobility Exterior UK Ltd (Formerly Plastic Omnium Automotive Ltd): 1303301/2024
JUDGMENT
[1]The complaints against the respondent of automatically unfair dismissal (contrary to section 103A Employment Rights Act 1996 (“ERA”)) and detriment on the grounds of having made a protected disclosure (contrary to sections 47B and 48 ERA) are not well founded and are dismissed.[2]The complaint against the respondent of unfair dismissal (contrary to section 94 ERA is well founded. The claimant was unfairly dismissed by the respondent.[3]The Tribunal will decide remedy for the unfair dismissal complaint at a further hearing, the date of which will be notified to the parties separately. However we have determined the following:a. There is a 75 % chance that the claimant would have been fairly dismissed in any event.b. The ACAS Code of Practice on Discipline and Grievance applies but no uplift or reduction to the compensatory award pursuant to s.207A Trade Union and Labour Relations (Consolidation) Act 1992 is applicable. Case No: 1303301/2024[4]The complaints of direct race discrimination (contrary to section 13 of the Equality Act 2010 (“EQA”)) are not well founded and are dismissed.[5]The claimant’s complaint of wrongful dismissal is not well founded and is dismissed.[6]The complaints of unauthorised deductions from pay contrary to Part II Employment Rights Act 1996 are not well-founded and are dismissed[7]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's pay by failing to pay 3 days of holiday pay accrued but untaken as at the date employment terminated.[8]The complaint of victimisation contrary to section 27 EQA was dismissed upon withdrawal. Employment Judge Flood Approved on 10 March 2026 Note Notes: Reasons for the judgment having been given in full orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.