Mr F Oseghale v Cygnet Learning Disability Limited — 2024

The claimant, a registered mental health nurse, was employed by the respondent from March 2020 and was dismissed in 2022 following disciplinary proceedings. He brought claims for unfair dismissal, wrongful dismissal and direct race discrimination. The tribunal found the unfair dismissal and wrongful dismissal claims well-founded, but dismissed both direct race discrimination claims. Earlier whistleblowing claims had been struck out for non-payment of a deposit order, and a holiday pay claim was dismissed on withdrawal.

On the discrimination claims, the tribunal concluded that the claimant had not produced evidence from which it could infer that any difference in treatment as between him and named comparators was on grounds of race; the assertions were described as speculative. On unfair dismissal, the tribunal found the decision-making of Mr Gutu in upholding a more serious allegation to be flawed, but applied a 40% Polkey reduction under Polkey v Dayton Services Limited [1988] ICR 142 to reflect the chance the claimant would have been fairly dismissed in any event, and a 60% reduction to both the basic and compensatory awards for contributory fault under s.122(2) and s.123(6) Employment Rights Act 1996.

On remedy, the tribunal calculated net weekly pay of £619.98, awarded two weeks' notice pay of £1,239.96 for wrongful dismissal, a basic award of £685.20 (after reduction) and a compensatory award of £716.10 (loss of earnings equivalent to statutory sick pay of £2,483.75 for 25 weeks plus £500 for loss of statutory rights, reduced by the Polkey and contributory fault deductions). The total sum ordered to be paid was £2,641.26.