Cases2501925/2023

Claimant v Secretary of State for Justice

19 June 2025Before Employment Judge AspdenMiddlesbroughin person

Outcome

Claimant succeeds£444,960

Individual claims

Unfair Dismissalsucceeded

The tribunal awarded a basic award and compensatory award including past and future loss of earnings, indicating the claimant succeeded in his unfair dismissal claim. The remedy hearing focused on calculating appropriate compensation.

Direct Discriminationsucceeded

The tribunal awarded injury to feelings of £15,000 with interest calculated from the act of discrimination on 14 March 2023, indicating the claimant succeeded in a discrimination claim. The specific protected characteristic is not identified in this remedy judgment.

Detrimentsucceeded

The compensation structure and the significant pension loss awards suggest the claimant succeeded on claims relating to detriment, likely connected to the discrimination and unfair dismissal. The extensive future pension loss calculation indicates ongoing harm was recognised.

Facts

This is a remedy hearing following a liability judgment in which the claimant succeeded in claims against the Ministry of Justice. The act of discrimination occurred on 14 March 2023 and employment terminated on 17 April 2023. The claimant received interim payments totaling £31,088.67 in October and November 2024. The claimant found new employment but at reduced earnings, leading to ongoing loss.

Decision

The tribunal awarded total compensation of £444,959.76 after deducting interim payments. This included basic and compensatory awards for unfair dismissal, £15,000 injury to feelings, substantial pension losses (past and future totaling over £255,000), and interest. Grossing up of £125,108.20 was applied to account for tax liability on the award.

Practical note

Public sector employers face substantial liability for discrimination and unfair dismissal, particularly where there is significant future pension loss that must be compensated on a grossed-up basis to account for tax treatment of lump sum awards.

Award breakdown

Basic award£2,503
Compensatory award£51,334
Injury to feelings£15,000
Pension loss£255,281
Loss of statutory rights£500
Interest£7,978

Vento band: lower

Case details

Case number
2501925/2023
Decision date
19 June 2025
Hearing type
remedy
Hearing days
4
Classification
contested

Respondent

Sector
central government
Represented
Yes
Rep type
barrister

Employment details

Claimant representation

Represented
Yes
Rep type
barrister