Case 3205465/2022 · Employment Tribunal

Mr Darrell Webster v JM Transport (Essex) Limited and 1 other — 2024

Case reference: 3205465/2022
Decision date: 1 March 2024
Jurisdiction: England & Wales
Judge: Employment Judge Volkmer Members
Venue: East London Hearing Centre
Panel members: Mr L O'Callaghan, Ms J Clark

Indexed: 22 May 2026

Parties

3 named

Claimant

Mr Darrell Webster

Respondents

Key findings

Tribunal's reasoning

Sitting at the East London Hearing Centre on 27 to 29 February 2024 before Employment Judge Volkmer with members Mr L O'Callaghan and Ms J Clark, the tribunal held that the complaint of unfavourable treatment because of something arising in consequence of disability was well-founded and succeeded against both respondents. It also held that the claimant had been unfairly dismissed by the first respondent.

The tribunal found that the respondents had unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and applied a 25% uplift under s 207A of the Trade Union and Labour Relations (Consolidation) Act 1992. In the written calculation, the compensatory award was built from past loss of net earnings, pension loss, future loss, loss of statutory rights, injury to feelings, interest, the ACAS uplift and grossing up, producing a compensatory award grand total of £80,577.26.

On remedy, the tribunal awarded a basic award of £3,426 against both respondents and a compensatory award of £80,577.26 against both respondents, jointly and severally. It also found the holiday pay complaint well-founded because the first respondent had failed to pay accrued but untaken holiday at termination, and ordered the first respondent to pay £378 in respect of accrued holiday pay. The claimant was noted as responsible for any applicable tax on the awarded sums.

Claims and outcomes

3 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Disability discrimination	The complaint of unfavourable treatment because of something arising in consequence of disability succeeded against both respondents. The compensatory calculation included past and future loss, injury to feelings, interest, a 25% ACAS uplift, and grossing up.	Upheld	Disability	£80,577
Unfair dismissal	The tribunal found that the claimant was unfairly dismissed by the first respondent and awarded a basic award of £3,426.	Upheld	—	£3,426
Holiday pay	The tribunal found the holiday pay complaint well-founded because the first respondent failed to pay for holidays accrued but not taken at the end of employment, amounting to an unauthorised deduction from wages.	Upheld	—	£378

Remedy

Monetary award

Total award: £84,381; across all upheld claims
Basic award: £3,426; statutory, unfair dismissal
Compensatory award: £80,577; compensatory remedy recorded

Legal tests applied

2 references

Official outcome judgment PDF

Gov.uk primary record

The 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 .

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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