Mr D Brock v Represented by Mr D Strang Solicitor Aros Holdings Limited — 2019

The respondent did not lodge an ET3 and did not appear at the hearing. The tribunal heard from the claimant, accepted his evidence as credible and reliable, and accepted that his continuous employment ran from 2004 notwithstanding the service agreement date of 4 February 2016. It also accepted that his contractual remuneration was £100,000 per year for the purpose of calculating the unfair dismissal award.

On unfair dismissal, the tribunal calculated a basic award of £10,668 using 21 weeks' pay at the statutory weekly cap of £508. For compensatory loss, it accepted past loss to the hearing of £39,912, future loss for two years of £51,844 and £47,684, and £500 for loss of statutory rights, producing a pre-cap figure of £139,940. The award was then capped at £83,682, giving a total unfair dismissal award of £94,350. The tribunal rejected any ACAS uplift, saying it would not be just and equitable in the circumstances.

On disability discrimination, the tribunal accepted that the claimant had a long-term mental health condition, including Asperger's syndrome with associated depression, and found the case fell within the lower Vento band. It awarded £6,000 for injury to feelings and £322.20 interest from 7 February 2019 to promulgation on 10 October 2019 at 8%. It did not award separate loss of earnings for the postponement period because that loss was already covered by the unfair dismissal award. The holiday pay claim succeeded only to the extent of three days' accrued leave at termination, worth £783.