Cases1305836/2023

Claimant v DHL Services Limited

28 March 2025Before Employment Judge PlattMidlands Westremote video

Outcome

Partly successful£15,252

Individual claims

Direct Discrimination(sex)failed

The tribunal found the complaint of direct sex discrimination not well-founded and dismissed it, concluding that the claimant had not established that he was treated less favourably because of his sex.

Direct Discrimination(religion)failed

The tribunal found the complaint of direct discrimination based on religious or political belief not well-founded and dismissed it, concluding that the claimant had not established that he was treated less favourably because of his religious or political beliefs.

Victimisationfailed

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

Unfair Dismissalsucceeded

The tribunal found the complaint of unfair dismissal well-founded and determined that the dismissal was procedurally or substantively unfair. The tribunal ordered reinstatement to the claimant's role as Warehouse Colleague.

Facts

Mr Ignatowicz was employed as a Warehouse Colleague by DHL Services Limited for approximately 6 years. He was dismissed and brought claims for unfair dismissal, direct sex discrimination, direct discrimination based on religious or political belief, and victimisation. The case was heard over 5 days by video hearing.

Decision

The tribunal dismissed all discrimination and victimisation claims but found the unfair dismissal complaint well-founded. The tribunal ordered reinstatement with full restoration of rights including pension scheme membership, along with compensation of £15,252 (basic award £3,858 and compensatory award £11,394) subject to a 10% contributory fault reduction.

Practical note

This case demonstrates that tribunals will order reinstatement where appropriate, including full restoration of pension rights, even where there is contributory fault warranting a 10% reduction in compensation.

Award breakdown

Basic award£3,858
Compensatory award£11,394

Adjustments

Contributory fault10%

The tribunal found that the claimant contributed to his dismissal and applied a 10% reduction to any compensation payable

Legal authorities cited

Statutes

Employment Rights Act 1996 s.114

Case details

Case number
1305836/2023
Decision date
28 March 2025
Hearing type
full merits
Hearing days
5
Classification
contested

Respondent

Sector
logistics
Represented
Yes
Rep type
barrister

Employment details

Role
Warehouse Colleague
Service
6 years

Claimant representation

Represented
No