Mr M Silcock v Oxalis Logistics UK Ltd: 6000129/2022
JUDGMENT
[1]The Tribunal’s Judgment is that the Claimant was discriminated against due to something arising from his disability and therefore his claim for discrimination arising from disability, pursuant to section 15 Equality Act 2010, is well founded and succeeds.[2]The Tribunal’s Judgment is that the Claimant was unfairly dismissed and therefore his claim pursuant to section 98 Employment Rights Act 1996 succeeds. However, the Tribunal’s Judgment is that had a fair process been followed he would likely have been dismissed within 3 months of his date of termination.[3]The Claimant’s claim for discrimination for failure to make reasonable adjustments pursuant to section 21 Equality Act 2010 is not well founded and is dismissed.[4]By consent the tribunal was able to deal with remedy at this hearing and the Claimant is awarded the total amount of £22,641.72 which is comprised of the following:a. Basic Award for unfair dismissal: £14,846.00b. Compensatory award for unfair dismissal: £0.00. The tribunal considering that the Claimant would have been dismissed within 3 months of his effective date of termination, and during that time he would have been on sick leave, which he had enchased his Case No: 6000129/2022 entitlement to and not contributing to his pension. Therefore, the tribunal’s judgement was the loss was £0.00.c. Injury to feelings award: £7,000. The Tribunal’s judgment being that the award fell in the lower band of Vento.d. Loss of statutory rights: £500.00.e. Interest, that being 771 days from the date of the act to the date of the hearing at 2% namel: £295.72