Mr S Ogden v British Telecommunications plc: 2405483/2018
JUDGMENT
The unanimous judgment of the tribunal is as follows:[1]The respondent failed in its duty to make adjustments.[2]The respondent discriminated against the claimant arising from disability.[3]The claimant was unfairly dismissed.[4]Any compensatory award for unfair dismissal, and any award of damages for unlawful discrimination, will be assessed having regard to the following finding. Had the respondent acted fairly and not discriminated against the claimant: 4.1. he would inevitably have remained employed at least until 15 February 2018; Case no. 2405483/2018 4.2. there is a 50% chance that his employment would have continued indefinitely without being dismissed on capability grounds; and 4.3. there is a corresponding 50% chance that, on or about 15 February 2018, he would have been dismissed on capability grounds.[5]The misconduct issue will be determined at a separate hearing. “The misconduct issue” is the question of whether or not the claimant’s compensatory award and/or his damages should be further reduced on the ground that, had the respondent acted fairly and not discriminated against the claimant, he would or might have been dismissed for a reason related to his conduct.