Case 1303301/2024 · Employment Tribunal
Mr A Wibaut v OP Mobility Exterior UK Limited (formerly Plastic Omnium Automotive Limited) — 2026
- Case reference
- 1303301/2024
- Decision date
- 10 March 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Flood
- Venue
- Birmingham
- Panel members
- Mrs Bannister, Mr Spencer
Parties
2 namedClaimant
Mr A Wibaut
Key findings
Tribunal's reasoningThe tribunal dismissed the complaints of automatically unfair dismissal and protected disclosure detriment. It also dismissed the direct race discrimination complaints, the wrongful dismissal complaint, and the unauthorised deductions from pay complaints other than the holiday pay complaint.
The ordinary unfair dismissal complaint was upheld. Remedy for that complaint was reserved for a further hearing, but the tribunal determined that there was a 75% chance the claimant would have been fairly dismissed in any event and that no ACAS Code uplift or reduction to the compensatory award applied.
The holiday pay complaint was upheld because the respondent failed to pay 3 days of accrued but untaken holiday pay as at termination. The victimisation complaint was dismissed upon withdrawal.
Claims and outcomes
7 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Whistleblowing | The judgment dismissed the complaints of automatically unfair dismissal contrary to section 103A ERA 1996 and detriment on the grounds of having made a protected disclosure contrary to sections 47B and 48 ERA 1996. | Dismissed | — | — |
| Unfair dismissal | Remedy was left to a further hearing. The tribunal determined there was a 75% chance the claimant would have been fairly dismissed in any event and that no ACAS Code uplift or reduction applied. | Upheld | — | — |
| Race discrimination | The direct race discrimination complaints were dismissed. | Dismissed | Race | — |
| Wrongful dismissal | The wrongful dismissal complaint was dismissed. | Dismissed | — | — |
| Unlawful deduction from wages | The complaints of unauthorised deductions from pay contrary to Part II ERA 1996 were dismissed, apart from the separately stated holiday pay complaint. | Dismissed | — | — |
| Holiday pay | The tribunal found an unauthorised deduction by failing to pay 3 days of holiday pay accrued but untaken at termination. No monetary amount was stated. | Upheld | — | — |
Legal tests applied
8 references- section 103A Employment Rights Act 1996
- sections 47B and 48 Employment Rights Act 1996
- section 94 Employment Rights Act 1996
- section 13 Equality Act 2010
- section 27 Equality Act 2010
- Part II Employment Rights Act 1996
- ACAS Code of Practice on Discipline and Grievance
- s.207A Trade Union and Labour Relations (Consolidation) Act 1992
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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