Mr D Treleaven, Retired Solicitor For the v Respondent — 2019

The tribunal recorded concessions by the respondent on unfair dismissal, wrongful dismissal, and failure to provide written particulars of employment. The remaining disputed issues were disability discrimination, redundancy payment, notice pay, and failure to provide written reasons for dismissal. The tribunal found that the claimant had been employed by Hazemere from 1 January 2000 and had transferred to the respondent in 2015 under TUPE, following an earlier preliminary hearing. It found that his employment terminated on 30 September 2016.

On the reason for dismissal, the tribunal accepted David McBean's evidence that by September 2016 there was a diminishing need for the claimant's services because the respondent had decided to outsource property management and refurbishment and to wind down the property portfolio. It accepted that there were no major refurbishments in the pipeline at that point and that later temporary work at New Road arose only after dismissal and did not alter the reason for dismissal. The tribunal therefore found that the claimant was dismissed by reason of redundancy and that the statutory definition in section 139(1)(b) ERA 1996 was satisfied. On that basis, the claimant succeeded in his redundancy payment claim and was awarded £11,496.

The disability discrimination claims were dismissed. On direct discrimination, the tribunal rejected the claimant's account that he was being got rid of because he was ill, preferring Linda McGivern's evidence and finding that no such statement had been made. It held that the claimant had not proved facts from which the tribunal could conclude that his dismissal was less favourable treatment because of disability. On discrimination arising from disability, the tribunal held that there was no evidential basis for saying the dismissal was because of time off for bladder cancer treatment, and found instead that the dismissal was for redundancy and did not arise in consequence of disability.

For remedy, the tribunal found the claimant's net weekly pay was £526.75 and gross weekly pay was £685. It awarded £2,507 for unfair dismissal, comprising no basic award because that was extinguished by the redundancy payment, plus 4 weeks' net pay (£2,107) and £400 for loss of statutory rights; it made no award for future loss. For wrongful dismissal, it found the claimant was entitled to 12 weeks' notice but treated 4 weeks as concurrent with the unfair dismissal period, awarding the balance of 8 weeks' net pay, £4,214. Although the written particulars claim succeeded by concession, the tribunal made no award under section 38 Employment Act 2002 because it found exceptional circumstances in the parties' shared treatment of the claimant as self-employed and David Treleaven's role in advising on that status. The claim for written reasons for dismissal was dismissed for lack of evidence. The total award was £18,217.