Mr I Jones v Openreach Ltd: 1602149/2023
JUDGMENT
[1]Disability Discrimination: The Claimant’s claim that the Respondent failed in a duty to make a reasonable adjustment fails and is dismissed.[2]Unfair Dismissal: 2.1. The Respondent dismissed the Claimant unfairly on 27 July 2023; the Claimant’s Claim of Unfair Dismissal is well-founded and succeeds. 2.2. Basic Award: Such was the Claimant’s conduct before notice of dismissal, it is just and equitable to reduce the Basic Award by 50%. 2.3. Compensatory Award: 2.3.1. The Claimant is entitled to receive compensation for the loss of his statutory rights and for losses of income for a period of 6 months from the date of dismissal on 27th July 2023, as the Tribunal considers that this is just and equitable in all the circumstances having regard to the losses sustained by him in consequence of his dismissal attributable to the action taken by the Respondent. Case Number: 1602149/2023 2.3.2. Such were the Claimant’s actions, and the extent that they caused or contributed to his dismissal, it is just and equitable to reduce the Compensatory Award by 50% and then 2.3.3. The Compensatory Award shall be further reduced by 75% to reflect the substantial risk that the Claimant faced of his being fairly dismissed by the Respondent at that time. 2.4. The Recoupment Provisions do not apply. 2.5. The parties did not have the necessary financial information available that would allow the Tribunal to apply the above judgment to it, and to confirm the total Awards payable by the Respondent to the Claimant. The parties are DIRECTED to confirm, by no later than 4 pm on 9th October 2024, their agreement on the total sum payable (in which case there shall be no amendment of this judgment or further judgment); failing agreement, they shall by that time and date present to the Tribunal, and each other, their respective calculations of the Basic and Compensatory Awards, whereupon the Tribunal shall decide the Awards on the papers without a hearing (unless successfully applied for by either party), and the Tribunal shall issue an amended Judgment.