Mr C Rhodes v Royal Mail Group Ltd: 1800890/2024
JUDGMENT
[1]The claimant’s complaint of breach of contract in relation to notice pay is well-founded. The respondent shall pay to the claimant the net sum of £318.12 as damages for breach of contract.[2]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed. The claimant caused or contributed to the dismissal by blameworthy conduct and it is just and equitable to reduce the compensatory award payable to the claimant by 35 %. It is also just and equitable to reduce the basic award payable to the claimant by 35% because of the claimant’s conduct before the dismissal.[3]As compensation for unfair dismissal, the respondent shall pay the claimant the following sums:(a) A basic award of £8,276.(b) A compensatory award of £3,733.22.[4]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply:a. The total monetary award (i.e. the compensatory award plus basic award) payable to the claimant for unfair dismissal is £12,009.22.b. The prescribed element is £3,733.32. 10.2 Judgment - rule 61 March Case No: 1800890/2024c. The period of the prescribed element is from 20 January 2024 to 19 June 2024.d. The difference between (a) and (b) is £8,276.[5]The claimant was not a disabled person by reason of mental health impairments. The respondent accepted that the claimant was disabled by reason of the physical impairments of hypertension, COPD and sleep apnoea.[6]The claimant’s complaints of direct discrimination because of age and disability and of discrimination arising from disability fail and are dismissed.