Mr D Hopkins v Peter Ball & Co Ltd: 1405768/2020
JUDGMENT
[1]The claimant was unfairly dismissed. The claim of unfair dismissal is well founded and succeeds.[2]It is just and equitable to make a Polkey deduction of 40% to reflect the prospect that the claimant would have been dismissed had a fair procedure been followed.[3]The claims of direct discrimination are not well founded and are dismissed.[4]The claims of discrimination arising from disability are well founded in relation to the respondent’s decision not to permit the claimant to return to his contractual role in January 2020 and to dismiss the claimant in August 2020. The claimant’s dismissal was therefore discriminatory.[5]The remaining claims of discrimination arising from disability are not well founded and are dismissed.[6]The remedy to which the claimant is entitled will be determined at a remedy hearing on 15 September 2023. Notice of the hearing will be sent by separate Order. Case No: 1405768/2020