In Person (assisted by Mr. Singh) v Mr. Barker, solicitor — 2022

The claimant worked for Jaguar Land Rover Limited as an integrated manufacturing specialist from 12 January 2016 until dismissal on 27 September 2019. The judgment records a long history of mental health issues, an attendance management policy with trigger points, and a sequence of absences and attendance-management stages in 2019, including a phased return to work in September 2019 followed by further absence and dismissal. The claim forms included unfair dismissal, direct disability discrimination, discrimination arising from disability, and failure to make reasonable adjustments; at the hearing the claimant no longer pursued direct disability discrimination, and the respondent conceded liability for unfair dismissal, discrimination arising from disability, and failure to make reasonable adjustments.

The remedy hearing was conducted by a judge sitting alone. The claimant sought reinstatement or re-engagement, but the tribunal declined to make either order. It accepted that the respondent had a vacancy and agency labour was being used, but found there was a serious lack of trust and confidence between the parties, that the claimant said he had lost trust in managers and felt badly treated, and that the tribunal could not be satisfied that reinstatement or re-engagement would be capable of success. The tribunal also said there was insufficient medical evidence that the claimant could return within a reasonable period, even with adjustments.

On compensation for unfair dismissal, the tribunal rejected the respondent's case that dismissal would have occurred within three to six months in any event. Applying the Polkey approach and the evidence before it, the tribunal concluded that the claimant would likely have been dismissed fairly or non-discriminatorily by 12 months after the effective date of termination, taking account of his history, the need for disability-related adjustment to the attendance triggers, and the time needed to clarify the medical position. It found no failure to mitigate within that 12-month period because the claimant's health had deteriorated after dismissal. The tribunal awarded a basic award of £2,362.50, £500 for loss of statutory rights, and 49 weeks' net loss of earnings totalling £24,255 after deducting three weeks' PILON.

For the discrimination remedy, the tribunal held that the treatment was not a one-off event but discriminatory treatment over time. It placed the injury to feelings award in the middle Vento band and awarded £9,000. It also made a separate personal injury award of £3,000 for exacerbation of the claimant's mental health condition, relying on the claimant's evidence and the medical material. The tribunal noted that benefits had to be identified and deducted, and that the parties were to make later written submissions on interest calculations and grossing up, so the final total was not fixed in the judgment.