Mr C Miller v Nicholas Associates Group Limited HELD by CVP — 2021

The tribunal, sitting by CVP on 23 and 24 February 2021 before Employment Judge Brain with members Mr P R Kent and Mrs J Rathbone, found that Mr C Miller was dismissed by reason of redundancy. It held that his unfair dismissal claim was presented outside the section 111 limitation period of the Employment Rights Act 1996, but that it was not reasonably practicable for the claim to have been presented in time and that it had been presented within a reasonable time. On that basis, the unfair dismissal complaint was upheld.

On remedy, the tribunal held that no basic award was payable under section 122(4) of the 1996 Act because the respondent had made a redundancy payment to the claimant. It awarded a compensatory award of £4,809.72, made up of loss of earnings, loss of employer pension contribution, future loss of earnings, and £500 for loss of statutory rights. The tribunal ordered the respondent to pay £4,809.72 by 12 March 2021.

The Equality Act 2010 complaints were direct discrimination claims on grounds of sex and sexual orientation. The tribunal recorded that both were presented within the section 123 limitation period. The sexual orientation complaint was dismissed on withdrawal, and the sex discrimination complaint failed and was dismissed.