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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Dinsmore v Moes Grill Magherafelt LimitedAndrew Clarke formerly Moes Gr... [2016] NIIT 01109_16IT (19 October 2016)
URL: http://www.bailii.org/nie/cases/NIIT/2016/01109_16IT.html
Cite as: [2016] NIIT 01109_16IT, [2016] NIIT 1109_16IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1109/16
CLAIMANT: Thomas Dinsmore
RESPONDENTS: 1. Moes Grill Magherafelt Limited
2. Andrew Clarke formerly Moes Grill (in bankruptcy)
DECISION
The decision of the tribunal is that the first respondent is ordered to pay to the claimant compensation for unfair dismissal amounting to £1,187.90 and for disability discrimination £10,000 for injury to his feelings.
Constitution of Tribunal:
Employment Judge (sitting alone): Employment Judge Greene
Appearances:
The claimant appeared in person.
The respondents were neither represented nor in attendance.
1. The claimant claimed unfair dismissal and disability related discrimination by reason of the disability of his wife.
2. The tribunal was satisfied that all parties had been notified of today's hearing on 25 August 2016.
3. The second respondent did not put in a response and the first respondent's response was rejected, which rejection was affirmed following a review hearing.
4. The tribunal dismissed the claim against the second respondent as it was satisfied that the first respondent was at all material times the employer of the claimant.
5. The tribunal found that the claimant had been unfairly dismissed according to the ordinary principles of unfair dismissal and automatically unfairly dismissed by reason of the first respondent's failure to follow the statutory dismissal procedures. It also found that the claimant had suffered disability related discrimination by reason of the disability of his wife.
6. The tribunal awarded the claimant compensation of £1,187.90 for unfair dismissal and £10,000 for injury to his feelings by reason of the finding of disability discrimination.
7. The compensation for unfair dismissal comprised a basic award of £86.90, a compensatory award of £801.00 and a loss of statutory rights of £300.00. The compensation for disability discrimination was for injury to feelings exclusively.
8. Full oral reasons were given for the tribunal's decision.
9. This award is not subject to the Recoupment Regulations as the claimant did not claim benefit at any material time.
10. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Employment Judge:
Date and place of hearing: 6 October 2016, Belfast.
Date decision recorded in register and issued to parties: