Mr M Gafoor v Edwin C Farrall (Transport) Ltd: 2401936/2020
JUDGMENT
[1]The claimant's claim that he was unfairly dismissed under s103A ERA 1996 for making a protected disclosure succeeds.[2]It is declared that the principal reason for the claimant's dismissal was he made protected disclosures by way of two emails one on 21 November 2019 and the other on 22 November 2019 each sent to the Respondent.[3]It is declared that the information in the two emails each amount to a protected disclosure. The Respondent accepts the information in the email disclosure on 22 November was a protected disclosure in any event. Case No. 2401936/2020[4]The claimant's claim that he was subjected to a detriment by reason of making the protected disclosures succeeds to the extent it is declared that the claimant was isolated at work by the respondent prior to his dismissal as a result of making the protected disclosures.[5]The issue of compensation will be dealt with on 9 July 2021. JUDGMENT on REMEDY The judgment of the Tribunal is as follows: The respondent shall pay the claimant compensation as follows:-[1]Financial loss to the date of the hearing £3140.90. ( £263.40 for loss 9-3-20- 5.4.20, £2392 from 6.4.20- 5.4.21 and £485.50 from 5.4.21 to 9.7.21).[2]Future loss calculated for 329 weeks at £37.35 totalling £12288.15[3]An award relating to early return of a vehicle which was on contract, due to the dismissal: £3000.[4]The Tribunal does not apply any uplift for breach of the Acas code as this was a dismissal for making a protected disclosure and an uplift in respect of the manner of dealing with the grievances is not made out.[5]An award of £10000 for injury to feelings arising from the detriment suffered by the claimant.[6]The Tribunal does not make any award for aggravated damages.[7]The total amount payable is therefore £28,429.05