Claimant v Huws Gray Limited
Outcome
Individual claims
The tribunal found the dismissal to be unfair. The tribunal applied the Polkey principle indicating that while the dismissal was procedurally or substantively unfair, the employment would have ended by 31 October 2023 in any event through a fair process.
The tribunal found that the claimant was treated less favourably because of his age. The claim for direct age discrimination under s.13 Equality Act 2010 was well-founded and succeeded.
The tribunal found that the claimant was not treated less favourably because of his disability. The claim for direct disability discrimination did not succeed and was dismissed.
The tribunal found discrimination arising from disability under s.15 Equality Act 2010. The claimant was treated unfavourably because of something arising in consequence of his disability, and the respondent could not show this treatment was a proportionate means of achieving a legitimate aim.
Facts
Mr P Rogers was dismissed by Huws Gray Limited, a construction sector company. The claimant brought claims for unfair dismissal and discrimination based on age and disability. The hearing took place over three days via video. The claimant represented himself with assistance from his son, while the respondent was represented by counsel.
Decision
The tribunal found in favour of the claimant on unfair dismissal, direct age discrimination, and discrimination arising from disability. The direct disability discrimination claim failed. However, the tribunal applied a Polkey reduction, finding that employment would have ended by 31 October 2023 in any event.
Practical note
Even where discrimination and unfair dismissal are established, tribunals may apply Polkey principles to reduce compensation where employment would have lawfully ended within a specific timeframe regardless of the unlawful conduct.
Legal authorities cited
Statutes
Case details
- Case number
- 3200096/2024
- Decision date
- 30 January 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No