Member N Elliot Tribunal Member G McKay Mr T Glenn v Ltd (In Liquidation) — 2024

The tribunal found that the claimant was dismissed by the first respondent with effect from 30 December 2022. It rejected the respondents' position that employment ended by agreement, finding that the claimant had been told he was to be made redundant and had not been offered or agreed negotiated termination terms. It also found that the redundancy process described in the dismissal letter had not occurred and that no fair procedure was followed.

On disability, the tribunal found that the respondents perceived the claimant as having a progressive back condition which was likely to affect his ability to drive, move objects, walk short distances and carry out his role. It found that the reason for dismissal was that the first respondent perceived the claimant would become a disabled person by reason of that progressive condition, and that dismissal was direct discrimination because of perceived disability.

The age discrimination claim was dismissed. Although the tribunal accepted that the second respondent referred to the claimant's age and asked whether he was thinking of retiring, it found that age was not itself a reason for the treatment. The harassment claims were also dismissed because the comments about health, age and retirement did not amount to conduct violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

The tribunal awarded agreed financial loss of £276.05, £500 for loss of statutory rights and £9,500 for injury to feelings. It applied a 20% uplift because no procedure was followed in relation to dismissal, producing total compensation of £12,331.26.