Mr S Ward v Federal Mogul Coventry Ltd: 1305863/2019
JUDGMENT
[1]The claimant was continuously employed by the respondent for a period of not less than two years ending with the effective date of termination and his complaint of unfair dismissal is accepted by the Tribunal.[2]The claimant’s complaint of unfair dismissal succeeds as the respondent’s assertion that he was dismissed for the fair reason of some other substantial reason is not well founded. However, in accordance with ‘Polkey’ principles, the Tribunal finds that had the respondent subjected the claimant to a fair process at the material time, he would have been fairly dismissed by 14 August 2020. The assessment of remedy must therefore take into account this decision when determining what award should be made.[3]The claimant was disabled within the meaning of section 6(1) of the Equality Act 2010 by reason of his angina.[4]The claimant’s complaint of direct discrimination by reason of his disability in accordance with section 13 of the Equality Act 2010 is unsuccessful in that the claimant was not dismissed by reason of his disability and this complaint is dismissed.[5]The claimant’s complaint of discrimination arising from a disability in accordance with section 15 of the Equality Act 2010 is unsuccessful in that Case Number: 1305863/2019 the claimant was not dismissed by reason of his sickness absence arising from his disability and this complaint is dismissed[6]The case will now proceed to a Remedy hearing (in respect of the successful complaint of unfair dismissal), before a full Tribunal at the Birmingham Employment Tribunals on Wednesday 14 October 2020 with a hearing length of 1 day.[7]The claimant and the respondent (the latter if so advised), will provide each other with witness statements by no later than 16 September 2020.[8]The claimant’s solicitors will provide the respondent and the Tribunal with a remedy bundle (if required) and if so, will provide 4 copies of the bundle to the Tribunal by no later than the working day immediately preceding the remedy hearing. For the avoidance of doubt, the Tribunal will retain the bundles already provided by the parties for the hearing of liability and the parties are not required to produce these documents in a new remedy bundle. Case Number: 1305863/2019 EMPLOYMENT TRIBUNALS Claimant Respondent Mr S Ward v Federal Mogul Coventry Limited Heard at: Birmingham On: 14 October 2020 Before: Employment Judge Johnson Members: Mrs K S Davis Mr R W White Appearances For the Claimant: Ms M Stanley (counsel) For the Respondent: Mr A Forrest (HR Adviser) REMEDY HEARING JUDGMENT[1]The Tribunal has been informed that a settlement agreement has been made between the parties.[2]The Tribunal will therefore make no order at the Remedy Hearing today, other than that this matter shall be stayed and the claimant’s solicitors shall write to the Tribunal by no later than 2 November 2020 to update the Tribunal of the current status of the claim.