Mr M Abbas v Oxford University Hospitals NHS Foundation Trust: 3325067/2017
JUDGMENT
The complaints of race discrimination and disability discrimination are dismissed following a withdrawal by the claimant. The claimant’s remaining complaints of unfair dismissal, wrongful dismissal, unpaid annual leave and unauthorised deductions from wages will proceed to hearing. __________________________ Employment Judge Gumbiti-Zimuto 05/01/2018 Date ____________________ Judgment sent to the parties on 05/01/2018 Date____________________ _______________________ For the Tribunal Office Case Number: 3325067/2017 1 EMPLOYMENT TRIBUNALS Claimant Respondent Mr M Abbas v Oxford University Hospitals NHS Foundation Trust Heard at: Watford On: 5-9 November 2018 Before: Employment Judge Skehan Appearances For the Claimant: Mr L Wilson, Counsel For the Respondent: Mr R Moretto, Counsel JUDGMENT[1]The claimant’s claim for unfair dismissal is successful. The procedure followed by the respondent was inadequate. However, should a fair procedure have been followed, the claimant would have been dismissed in two months in any event. The claimant contributed to his dismissal and his contribution is assessed at 75%. The claimant’s compensatory award is reduced accordingly.[2]The respondent will pay the claimant the sum of £3,253.98 within 14 days of the date of this judgment in respect of an unfair dismissal basic award and £519.71 in respect of a compensatory award. These figures have been agreed between the parties.[3]The respondent will pay the claimant the agreed sum of £200.43 within 14 days of the date of this judgment in respect of accrued but untaken holiday pay. The parties do not believe that tax is payable on this amount. Should tax be payable, it is agreed between the parties that the claimant is responsible for any such payment. Case Number: 3325067/2017 2[4]The total amount to be paid by the respondent to the claimant under paragraphs 1-5 above is £3,974.12.