Cases3303007/2024

Claimant v T5 Operating Company Limited

10 September 2025Before Employment Judge David HughesWatfordremote video

Outcome

Partly successful£8,788

Individual claims

Unfair Dismissalsucceeded

The tribunal found the dismissal was unfair. The tribunal was unable to say there was any percentage chance the claimant would have been dismissed in any event, indicating the respondent failed to follow fair procedures or lacked substantive grounds for dismissal.

Breach of Contractsucceeded

The claimant's claim for breach of contract in relation to notice pay was well-founded, indicating the respondent failed to provide proper notice or payment in lieu of notice upon termination.

Direct Discrimination(race)failed

The tribunal found the claimant's claim for direct race discrimination was not well-founded and dismissed it, concluding the evidence did not establish that race was a factor in the treatment complained of.

Victimisationfailed

The tribunal found the claimant's complaint of victimisation was not well-founded and dismissed it, determining that the claimant had not established he was subjected to detriment because of a protected act.

Facts

Mr Ifrim was employed by T5 Operating Company Limited and was dismissed. He brought claims for unfair dismissal, breach of contract regarding notice pay, direct race discrimination, and victimisation. The respondent failed to comply with the ACAS Code on disciplinary procedures during the dismissal process.

Decision

The tribunal found the unfair dismissal and breach of contract claims succeeded, awarding £8,788.49 including a 10% ACAS uplift. The race discrimination and victimisation claims failed. No Polkey reduction or contributory fault was applied.

Practical note

Failure to follow the ACAS Code can result in a 10% uplift even where discrimination claims fail, and lack of fair procedure can prevent any Polkey reduction being applied.

Award breakdown

Basic award£3,215
Compensatory award£5,067

Adjustments

ACAS uplift+10%

Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015

Legal authorities cited

Statutes

s 207A Trade Union & Labour Relations (Consolidation) Act 1992

Case details

Case number
3303007/2024
Decision date
10 September 2025
Hearing type
full merits
Hearing days
3
Classification
contested

Respondent

Sector
other
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No