Mr B Mullen v P&O Ferries Ltd: 2304503/2023 and others
JUDGMENT
[1]It is the unanimous judgment of this Tribunal that the Claimant’s complaint of: a) Unauthorised deduction from wages is not well-founded and is dismissed; b) Breach of contract in respect of not paying the Claimant in-line with the collective bargaining agreement is dismissed upon its withdrawal by the Claimant; c) Breach of contract in respect of not paying the Claimant’s redundancy pay in-line with the collective bargaining agreement is dismissed upon its withdrawal by the Claimant; d) Direct age discrimination pertaining to the Respondent’s failure to pool his role with that of his line manager, Simon King, for the purposes of redundancy is not well-founded and is dismissed; e) Direct age discrimination pertaining to the targeting of the Claimant’s role for elimination from the Respondent in or around April 2023 is wellfounded; 1 of 2 Case Numbers: 2304503/2023, 2306250/2023, 2307712/2023 f) Direct age discrimination by failing to consider the Claimant for the role of Head of Capacity Management is well-founded; g) Harassment relating to age in respect of Phil Hills’ comment, as part of the Respondent’s announcement on 28 July 2022, of the need to “clear out the P&O Ancestors”, is not well-founded and is dismissed; and h) Unfair dismissal is well-founded.[2]The Claim has been listed for a remedy hearing in respect of the complaints in paragraphs 1 e), 1 f) and 1 h) to take place on 2 May 2025.