Case 1403783/2021 · Employment Tribunal
Mr Durkin v Cormac Solutions Limited — 2023
- Case reference
- 1403783/2021
- Decision date
- 27 March 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Rayner
- Venue
- Southampton
- Panel members
- Ms Hewitt-Gray, Ms Skillen
Parties
2 namedClaimant
Mr Durkin
Respondent
Key findings
Tribunal's reasoningAfter a hearing at Southampton before Employment Judge Rayner with Ms Hewitt-Gray and Ms Skillen, the tribunal recorded that Mr Durkin succeeded in a disability discrimination claim under s.15 Equality Act 2010. It also recorded a further finding of unlawful and discriminatory disability detriment, described in the judgment as arising in that he was constructively dismissed.
The claimant's reasonable adjustments claim under ss.20 and 21 Equality Act 2010 was dismissed on withdrawal. The tribunal dismissed all other claims of unlawful discrimination not specifically upheld in the numbered findings.
The tribunal also dismissed the claimant's whistleblowing detriment claims under s.47B Employment Rights Act 1996 and his automatic unfair dismissal claim under s.103A Employment Rights Act 1996 for making a protected disclosure. By consent, the respondent was ordered to pay the claimant £25,000 by way of compensation.
Claims and outcomes
6 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Claim under s.15 Equality Act 2010. | Upheld | Disability | — |
| Disability discrimination | Recorded as an unlawful and discriminatory disability detriment, described in the judgment as arising 'in that he was constructively dismissed'. | Upheld | Disability | — |
| Disability discrimination | Reasonable adjustments claim under ss.20 and 21 Equality Act 2010; dismissed on withdrawal by the claimant. | Withdrawn | Disability | — |
| Other | All other claims of unlawful discrimination were dismissed. | Dismissed | — | — |
| Whistleblowing | Claims of detriment under s.47B Employment Rights Act 1996 for making public interest disclosures were dismissed. | Dismissed | — | — |
| Unfair dismissal | Automatic unfair dismissal claim under s.103A Employment Rights Act 1996 for making a protected disclosure was dismissed. | Dismissed | — |
Remedy
Monetary award- Total award
- £25,000
- across all upheld claims
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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