Case 1602133/2023 · Employment Tribunal
Mr C Hynes v Tower Hire and Sales Limited — 2024
- Case reference
- 1602133/2023
- Decision date
- 29 May 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge R Harfield Representation
- Venue
- Cardiff
Parties
2 namedClaimant
Mr C Hynes
Respondent
Key findings
Tribunal's reasoningEmployment Judge R Harfield, sitting at Cardiff by video on 23 and 24 May 2024, heard Mr C Hynes's complaints against Tower Hire and Sales Ltd. The respondent did not attend, had not filed an ET3 response and had not otherwise participated in the proceedings. The tribunal found the complaints of disability discrimination — comprising harassment related to disability, discrimination arising from disability and failure to make reasonable adjustments — to be well founded and upheld. The complaints of automatic unfair dismissal on the grounds of having made a protected disclosure and on health and safety grounds were also upheld.
The complaints of direct discrimination and harassment on the grounds of age and sexual orientation were not well founded and were dismissed. The respondent was ordered to pay the claimant compensation for past financial losses of £10,089.97 with interest of £395.86, compensation for future financial losses of £9,778.08, injury to feelings of £15,000.00 with interest of £1,163.84, and a tax uplift of £42.60 in respect of one week's past loss of notice pay treated as likely Post Employment Notice pay.
The award was otherwise calculated on a net basis on the understanding that the injury to feelings element would be tax free and that the remainder of the award is less than £30,000, with liberty to apply for reconsideration if those tax assumptions prove incorrect. Reasons were given orally at the hearing and written reasons will not be provided unless requested within 14 days.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Comprises harassment related to disability, discrimination arising from disability, and failure to make reasonable adjustments — all well founded and upheld. | Upheld | Disability | — |
| Age discrimination | Direct discrimination and harassment complaints on grounds of age were not well founded and were dismissed. | Dismissed | Age | — |
| Sexual orientation discrimination | Direct discrimination and harassment complaints on grounds of sexual orientation were not well founded and were dismissed. | Dismissed | Sexual orientation | — |
| Harassment | Harassment complaints in respect of age and sexual orientation were dismissed; harassment related to disability is captured under the disability discrimination claim above. | Dismissed | — | — |
| Whistleblowing | Protected disclosure 'automatic' unfair dismissal complaint was well founded and upheld. | Upheld | — | — |
| Unfair dismissal | Health and safety 'automatic' unfair dismissal complaint was well founded and upheld. The judgment did not separately quantify the award for this claim. | Upheld | — | — |
Remedy
Monetary award- Total award
- £36,470
- across all upheld claims
- Compensatory award
- £19,868
- compensatory remedy recorded
Legal tests applied
1 reference- Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996
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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