Mr M Bhatti v Secretary of State for the Home Department: 2402512/2022
JUDGMENT
The unanimous judgment of the tribunal is as follows:[1]The complaint of discrimination because of race is dismissed following withdrawal by the claimant.[2]The complaint of discrimination because of religion is dismissed following withdrawal by the claimant.[3]The claimant was unfairly dismissed. His complaint under section 111 of the Employment Rights Act 1996 (“ERA”) is well-founded.[4]The claimant’s conduct prior to his dismissal was such that it is just and equitable to reduce any basic award of compensation. If the tribunal makes a basic award, it will accordingly be reduced by two-thirds under section 122(2) of ERA.[5]Had the respondent acted fairly, there is a two-thirds chance that the claimant would have been dismissed on 6 December 2023. If the tribunal makes a compensatory award under 123(1) of ERA, the amount that the tribunal considers just and equitable will reflect that finding.[6]The dismissal was contributed to by the claimant’s own action. It would not, however, be just and equitable to reduce the amount of any compensatory award under section 123(6) of ERA having regard to that finding. 1 of 2 Case Number: 2402512/2022