Mr P Samborek v Flexel International Ltd: 8000049/2024
JUDGMENT
The unanimous judgment of the Tribunal is as follows.(1) The complaint of discrimination arising from disability fails and is dismissed.(2) The complaint of direct disability discrimination, added by way of amendment during the hearing, was also withdrawn later in the hearing. It is now dismissed.(3) The complaint of unfair dismissal succeeds.(4) Oral reasons were given in the presence of the parties. There was no request for written reasons. Case No.: 8000049/2024 Page 2(5) A remedy hearing will be held (if necessary) in person in Glasgow on 20 September 2024 with a time allocation of 1 day. Prompt applications for alternative dates or conversion to a video hearing will be sympathetically considered. JUDGMENT ON REMEDY Having found on 28 June 2024 that the claimant had been unfairly dismissed, the unanimous judgment of the Tribunal on remedy is as follows. (1) The claimant is not entitled to a basic award because he has already received a redundancy payment of the same or greater value. Section 122(4) of the Employment Rights Act 1996 applies. (2) If the respondent had followed a fair procedure then the outcome would have been exactly the same and the claimant would have been dismissed on the same date. There was no chance of any other outcome. Case No.: 8000049/2024 Page 2 It would not be just and equitable for there to be any compensatory award in those circumstances.