Employee awarded £470,000 in compensation following dismissal for using offensive language
The Employment Tribunal has awarded compensation to an employee who was unfairly dismissed and discriminated against due to circumstances arising from his disability.
Background
In the case of Borg-Neal v Lloyds Banking Group, Mr Borg-Neal was fired for using offensive wording during a race awareness training session. Following his dismissal for gross misconduct, he brought claims for unfair dismissal, discrimination arising from disability and direct race discrimination. The Tribunal upheld the unfair dismissal and discrimination arising from disability claims.
Remedy
The remedies hearing has now taken place. The Tribunal awarded Mr Borg-Neal over £470,000 in compensation, plus interest and tax. The award included:
- £310,000 for future loss of earnings, including a 5% uplift for the failure to follow the ACAS Code. The award takes into account Mr Borg-Neal's mental ill health, his projected recovery time and his current age (61) and likelihood of securing comparable employment before he reaches retirement age
- £15,000 injury to feelings (middle Vento band)
- £3,000 aggravated damages
- £23,000 personal injury in recognition of the severe depression and anxiety triggered by the circumstances of his dismissal
The Tribunal also made four recommendations to Lloyds, namely to:
- circulate the Tribunal's liability judgment to the Board members and request they read it
- place a note on Mr Borg-Neal's records to confirm that he was found to have been unfairly and discriminated against
- inform the FCA that the Tribunal found Mr Borg-Neal's dismissal to be unfair and discriminatory
- provide Mr Borg-Neal with a neutral reference.
Appeal pending
Before the remedies hearing took place, Lloyds submitted an appeal against the Tribunal's liability decision. The appeal is awaiting 'the sift', which is where the judge will consider whether there are reasonable grounds for bringing the appeal, and will make a decision on whether the appeal should proceed.
We will continue to report on developments in this case.