Mr J Reid v Network Rail Infrastructure Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4104464/2023 5 Held in Glasgow on 4 – 7 March 2024 Deliberations on 12, 13 14 March and 2 April 2024 Employment Judge D Hoey 10 Members Mr I Ashraf and Mr J Gallacher Mr J Reid Claimant Represented by: Mr P Deans - Solicitor 15 Network Rail Infrastructure Ltd Respondent Represented by: Mr D James - 20 Counsel [Instructed by: Messrs Dentons]

JUDGMENT OF THE EMPLOYMENT TRIBUNAL 25 The unanimous Judgment of the Employment Tribunal is that:

1. The claimant was unfairly dismissed pursuant to section 98 of the Employment Right Act 1996. He is awarded a basic award of £16,845 (sixteen thousand eight hundred and forty five pounds). No compensatory award is made to avoid double recovery, compensation being 30 awarded in respect of the unlawful discrimination complaint. Recoupment does not accordingly apply.

2. The claimant’s dismissal was a breach of section 15 of the Equality Act 2010, the claimant having been treated unfavourably because of something arising in consequence of a disability and the treatment not having been shown to be 35 a proportionate means of achieving a legitimate aim. 4104464/2023 Page 2

3. He is awarded compensation in the sum of £31,829.76 (thirty one thousand eight hundred and twenty nine pounds and seventy six pence) (including injury to feelings: £7,500, Interest on injury to feelings: £601.64, net wage loss: £10,540.62, interest on net wage loss: £703.32, pension loss: £11,975 5 and interest: £509.18).