Mr S Wanjau v XPO Bulk UK Ltd: 3201431/2023
JUDGMENT
It is the unanimous judgment of the Tribunal that:[1]The complaint of unfair dismissal is well-founded. The Claimant was unfairly dismissed.[2]The Claimant caused or contributed to the dismissal by blameworthy conduct and it is just and equitable to reduce the compensatory award payable to the Claimant by 75%.[3]It is just and equitable to reduce the basic award payable to the Claimant by 75% because of the Claimant’s conduct before the dismissal.[4]The Respondent shall pay the Claimant the following sums:a. A basic award of £723.38.b. A compensatory award of £395.68. Note that these are actual the sums payable to the Claimant after the 75% deduction has been applied. Case No: 3201431/2023[5]The complaint of direct race discrimination relating to a “load and tip assessment” in July 2022 (“Act 1”) is dismissed because it was brought out of time and the Tribunal does not have jurisdiction to hear it.[6]The other complaints of direct race discrimination (“Acts 2 and 3”) are not well-founded and are dismissed.