Mr J Lindsay v - Solicitor CITB — 2020

The respondent did not present a response and did not attend the hearing. Before the remedy hearing, the tribunal had issued a rule 21 judgment finding that the claimant succeeded in his claims of unfair dismissal and disability discrimination. The hearing on 19 October 2020 was therefore limited to remedy.

The tribunal found that the claimant had been employed for 22 years and was 67 when dismissed on 19 February 2020. His weekly wage at that date was £560 net and £743 gross, with employer pension contributions at 9%. He had been absent from work from 8 May 2018 until termination and had received four months on full pay and six months on half pay, leaving him £36,405 worse off than if he had remained on full pay throughout. The tribunal accepted that, had he not been dismissed, he intended to work until age 70, and that he had tried to find alternative work without success.

For unfair dismissal, the tribunal calculated the basic award by reference to 20 weeks, a multiplier of 1.5 for age over 41, and the statutory cap of £525 per week, producing £15,750.25. It accepted the claimant had mitigated his loss and that, given his age and the economic climate, it would be difficult for him to obtain other work. It therefore accepted the claimant's claimed two years' loss of earnings of £58,248 and added £6,957 for pension loss and £350 for loss of statutory rights, but the compensatory award was capped at £42,113 because the statutory maximum for unfair dismissal compensation is 52 weeks' pay inclusive of pension contributions. The tribunal rejected any deduction for the state pension because it would have been payable regardless of employment.

For disability discrimination, the tribunal awarded the uncapped balance of £23,442 for loss of earnings, plus £36,405 for the shortfall in wages while the claimant remained employed, on the basis that the failure to redeploy him was an act of discrimination. It also awarded £7,500 for injury to feelings, described as close to the top of the lowest Vento band. The total award for disability discrimination was £67,347, and the overall total across both claims was £125,210.