Mr J English v Evonik Chemicals Ltd: 2417553/2020
JUDGMENT
It is the unanimous decision of the Tribunal that:[1]The claimant was subject to a detriment contrary to s146 of the Trade Union and Labour Relations (Consolidation Act) 1988 (TULCRA) in relation to the following matters (taken from the agreed list of issues)a. Asking him to attend a meeting on 5 March 2020 and threatening him with disciplinary action and dismissal; a. Inviting him to a Safety at Evonik disciplinary meeting prior to the investigation being completed; Case No. 2417553/2020b. Moving him to the warehouse department following the Ancamine K54 disciplinary outcome;c. Approaching him for Safety at Evonik meeting minutes and treating him differently to Mr Chris Beech in this regard; andd. Removing him from the Respondent’s site on 3 July 2020.[2]These acts form part of series of similar acts and accordingly the tribunal had jurisdiction in relation to all of them.[3]The claimant’s other claims of unlawful detriment are not upheld and are dismissed.[4]The claimant was constructively dismissed in accordance with s95 of the Employment Rights Act 1996 and his claims that he was unfairly dismissed contrary to s94 of the ERA and automatically unfairly dismissed under S152 of TULCRA are upheld.[5]The claimant contributed to his dismissal through his conduct and his compensation may be reduced by up to 10% to reflect that. Whether it is just and equitable to make that reduction will be determined along with the amount of compensation at a later remedy hearing.[1]Compensation for unfair dismissala. Basic award £7,532b. Compensation for lost earnings £2,370.58c. £350 for loss of statutory rightsd. The total of £10,252.58 then being subject to a reduction of 10% in light of our findings under s123(1) of the Employment Rights Act 1996 as set out in the judgment on liability[2]Compensation for the detriment contrary to s146 of the Trade Union and Labour Relations (Consolidation Act) 1988 (TULCRA) found in our judgment on liability £4,500.