Outcome
Individual claims
The tribunal found the dismissal unfair in a default judgment. The respondent failed to enter a response and did not attend the hearing to defend the claim, leading to judgment in the claimant's favour.
The tribunal found the disability discrimination claims succeeded. Without a response or attendance from the respondent, the tribunal accepted the claimant's evidence and awarded damages for injury to feelings and financial loss.
Facts
Mr Malak was dismissed by Currys plc on 18 July 2024. He brought claims of unfair dismissal and disability discrimination. The respondent failed to enter a response and did not attend the hearing. The claimant received jobseekers' allowance during the relevant period. The claimant was liable for tax at a marginal rate of 20%.
Decision
The tribunal issued a default judgment in favour of the claimant on all claims. The tribunal awarded a basic award of £10,192.20 and compensatory award of £500 for unfair dismissal. For disability discrimination, the tribunal awarded £17,500 for injury to feelings plus interest of £993.42, and £4,725.60 for financial loss plus interest of £134.65. The amount exceeding £30,000 was grossed up for tax, resulting in a total award of £35,057.34.
Practical note
Default judgments can result in substantial awards where employers fail to engage with tribunal proceedings, particularly where discrimination claims succeed alongside unfair dismissal.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6015812/2024
- Decision date
- 3 April 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Name
- Currys PLC
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No