Claimant v P&O Ferries Limited
Outcome
Individual claims
The tribunal found the complaint of unauthorised deduction from wages was not well-founded and dismissed the claim.
The claimant withdrew the breach of contract claim in respect of not paying in-line with the collective bargaining agreement.
The claimant withdrew the breach of contract claim in respect of not paying redundancy pay in-line with the collective bargaining agreement.
The tribunal found the direct age discrimination claim pertaining to the respondent's failure to pool the claimant's role with that of his line manager Simon King for redundancy purposes was not well-founded and dismissed the claim.
The tribunal found the claimant was directly discriminated against on grounds of age when his role was targeted for elimination from the respondent in or around April 2023.
The tribunal found the respondent directly discriminated against the claimant on grounds of age by failing to consider him for the role of Head of Capacity Management.
The tribunal found the harassment claim relating to Phil Hills' comment about the need to 'clear out the P&O Ancestors' made as part of the respondent's announcement on 28 July 2022 was not well-founded and dismissed the claim.
The tribunal found the claimant was unfairly dismissed and the claim succeeded.
Facts
The claimant was employed by P&O Ferries and his role was targeted for elimination in or around April 2023. He had a line manager named Simon King. The respondent failed to pool the claimant's role with Simon King's role for redundancy purposes and failed to consider the claimant for the role of Head of Capacity Management. In July 2022, Phil Hills made a comment about the need to 'clear out the P&O Ancestors'. The claimant brought multiple claims including age discrimination, unfair dismissal, breach of contract and unlawful deductions from wages.
Decision
The tribunal found in favour of the claimant on three claims: unfair dismissal, direct age discrimination in targeting his role for elimination, and direct age discrimination in failing to consider him for the Head of Capacity Management role. The tribunal dismissed the wage deduction claim, harassment claim relating to the 'P&O Ancestors' comment, and the age discrimination claim relating to redundancy pooling. Two breach of contract claims were withdrawn by the claimant.
Practical note
Employers must be cautious about age-related decision-making in redundancy situations, particularly when targeting specific roles for elimination and when considering employees for alternative positions.
Case details
- Case number
- 2304503/2023
- Decision date
- 31 January 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister