Mr S Harding of Counsel The v Respondent — 2017

Following the liability judgment sent on 19 May 2017, the remedy hearing proceeded on the basis that the claimant had succeeded in unfair dismissal and in disability discrimination under ss 15 and 20/21 Equality Act 2010, while the remaining disability discrimination claim, including victimisation, had been dismissed. The tribunal also treated the claimant as disabled by reason of his back, bowel and mental health conditions and heard evidence from the claimant, Mr Turner, Dr Armstrong and Dr Bashir.

On injury to feelings, the tribunal applied the Vento bands as adjusted by the Presidential Guidance, together with Cannock, Chagger and the other authorities cited. It found that the respondent's treatment from autumn 2015 to dismissal on 26 February 2016, including the requirement to attend Bovington meetings, the disciplinary process, the handling of the 27 October 2015 email and the failure to recognise the claimant's mental health impairments, had a profound effect on him. The tribunal awarded £30,000, placing the case in the middle of the top Vento band, and left interest to be determined if not agreed.

For financial loss, the tribunal accepted a tortious but-for approach and concluded that, had the discriminatory treatment not occurred, there was an 80% chance the claimant would have been offered and accepted a Grade E role in the Southampton area with adjustments and returned to work around 26 February 2016. It found an 80% chance he would have remained employed until 31 December 2019, but also a 90% chance that his employment would in any event have ended lawfully and fairly by that date for ill health or capability, with a 90% chance of receiving the maximum inefficiency dismissal compensation then available.

The claimant's claims for relocation expenses, alleged insurance losses and 'unfortunate spending' were dismissed because there was no supporting documentary evidence and no sufficient causal link. The tribunal recorded the agreed basic award of £7,726.73 and loss of statutory rights of £350 for the unfair dismissal claim, deferred quantification of earnings, interest and pension loss to a further remedy hearing, and did not finally quantify the overall monetary award beyond the sums awarded in this judgment.