Mr J Buchanan v O'Reilly Transport (Ireland) Ltd and D Chambers: 2403515/2024
JUDGMENT
[1]The claimant’s claim of age discrimination pursuant to s13 Equality Act 2010 is not well founded and fails.[2]The claimant’s claim for wrongful dismissal (Notice pay being less than the correct amount having regard to National Minimum Wage) is dismissed on withdrawal by the claimant, settlement was reached between the parties and his consent having been given to this course of action.[3]The first respondent concedes it was in breach of contract by failing to apply the contractual disciplinary process to the claimant. I award damages of 1 week’s net pay of £528.48. I also award interest at the civil court judgment rate of 8% in the sum of £56.32.[4]I make no award under s207A(3) Trade Union & Labour Relations Consolidation Act 1992 in relation to any failure to follow ACAS Code of Practice.[5]The total amount payable to the claimant within 21 days of the date of this judgment is £584.80.