Claimant v Halfords Limited
Outcome
Individual claims
The tribunal found that the claimant was dismissed on grounds of redundancy, not gross misconduct as initially asserted by the respondent. The claimant was sent home on 9 February 2021 in circumstances that were unclear and led him to reasonably believe he was being dismissed for gross misconduct. The dismissal was found to be unfair.
The tribunal found that the claimant suffered harassment related to race by a colleague identified as RC over an extended period beginning in late 2018. The tribunal considered this serious behaviour that no employee should have to endure, though the proven harassment was narrower than the claimant's broader discrimination claims, many of which were not upheld.
The tribunal specifically noted that the claimant's complaints about direct discrimination have not been proven, though harassment related to race was established.
Facts
The claimant was sent home from work on 9 February 2021 in circumstances he reasonably believed amounted to dismissal for gross misconduct, though he was actually dismissed for redundancy effective 12 February 2021. The claimant became extremely distressed and was found by colleagues to be in floods of tears, inconsolable, and having panic attacks. He suffered harassment related to race by a colleague (RC) over an extended period from late 2018. The claimant has not worked since his dismissal due to mental health issues that the tribunal found were at least in part caused by the dismissal and the discriminatory treatment.
Decision
The tribunal awarded £25,000 for unfair dismissal (capped by statute) and £20,000 for injury to feelings for race harassment (middle Vento band), plus interest of £8,444.64, totaling £53,444.64. The tribunal found the claimant's ongoing inability to work was in consequence of his dismissal and the discriminatory treatment, though direct race discrimination claims were not proven. The claimant received no basic award as he had already been paid a redundancy payment.
Practical note
Tribunals will award compensation for mental health consequences of dismissal and discrimination even without specific medical evidence where the temporal link and circumstances support causation, but the absence of medical evidence may prevent separate personal injury awards beyond injury to feelings.
Award breakdown
Vento band: middle
Legal authorities cited
Statutes
Case details
- Case number
- 3300349/2021
- Decision date
- 9 April 2024
- Hearing type
- remedy
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- Halfords Limited
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No