Claimant v O'Reilly Transport (Ireland) Ltd
Outcome
Individual claims
The tribunal heard the claimant's claim of direct age discrimination under s13 Equality Act 2010 and found it was not well founded. The tribunal was not satisfied on the evidence that the claimant had been treated less favourably because of his age.
The claimant withdrew his claim for wrongful dismissal concerning notice pay and National Minimum Wage after settlement was reached between the parties. The claim was dismissed on withdrawal with the claimant's consent.
The first respondent conceded it was in breach of contract by failing to apply the contractual disciplinary process to the claimant. The tribunal awarded damages representing one week's net pay as compensation for this procedural breach.
Facts
Mr Buchanan brought claims against O'Reilly Transport (Ireland) Ltd and David Chambers including age discrimination, wrongful dismissal concerning notice pay and National Minimum Wage issues, and breach of contract relating to failure to follow contractual disciplinary procedures. The respondent conceded the breach of disciplinary procedures. Settlement was reached on the wrongful dismissal element during the proceedings.
Decision
The tribunal dismissed the age discrimination claim as not well founded. The wrongful dismissal claim was dismissed on withdrawal following settlement. The tribunal found in favour of the claimant on the breach of contract claim, awarding one week's net pay (£528.48) plus interest (£56.32) for the respondent's failure to follow contractual disciplinary procedures, but declined to make an ACAS uplift.
Practical note
Employers who concede procedural breaches of contractual disciplinary processes will face damages awards, but tribunals retain discretion not to apply ACAS Code uplifts even where procedural failures are admitted.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2403515/2024
- Decision date
- 6 August 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No