The case of Mr C Borg-Neal vs Lloyds Banking Group PLC is a recent and significant Employment Tribunal decision. This case provides valuable insights into the complexities of unfair dismissal and disability discrimination claims.
Case Overview
Mr C Borg-Neal was dismissed by Lloyds Bank for using an offensive racial term during a racial awareness training session. The tribunal upheld Mr Borg-Neal’s claims of unfair dismissal and disability discrimination on the basis that his misuse of language was consistent with his dyslexia, and it was not reasonable to dismiss him in the circumstances.
Tribunal’s Decision
The tribunal’s decision was published on 29 August 2023 and last updated on 9 January 2024. The jurisdiction code for this case was Disability Discrimination and Unfair Dismissal. The decision date was 4 August 2023.
The tribunal unanimously decided that there is an ACAS uplift of 5% on the unfair dismissal compensatory award and the award for discrimination under the Equality Act 2010. For unfair dismissal, a basic award of £13,600 was made, which had already been paid. For unfair dismissal, loss of statutory rights and loss of long notice period including the ACAS uplift, an award of £3,150 was made.
For discrimination under the Equality Act 2010, the tribunal awarded:
Past loss of earnings - £82,120.32
Loss of Lloyds shares - £500
Past loss of beneficial staff mortgage - £1,200
Prescription fees - £237.82
Chiropractor fees - £558
Past loss of pension - £14,634.03
The tribunal also awarded for future loss from 6 December 2023:
Future loss of earnings (after Ogden adjustment) - £231,827.85
Future loss of pension (after Ogden adjustment) - £51,392.98
Future loss of death in service benefit – £4,712.50
Future loss of Private Health Insurance - £7,068.75
Future prescription fees - £110.17
The total future loss with 5% ACAS uplift was £309,867.86. The tribunal also awarded £15,000 for injury to feelings, £3,000 for aggravated damages, and £23,000 for personal injury. The total for these with 5% ACAS uplift was £43,050.
The case of Mr C Borg-Neal vs Lloyds Banking Group PLC serves as a reminder of the importance of understanding and accommodating disabilities in the workplace. It also highlights the potential financial implications for employers who fail to do so. As always, employers are advised to seek legal counsel when dealing with complex employment matters.
Please note that this article is for informational purposes only and does not constitute legal advice. Always consult with a qualified legal professional for advice on specific legal issues.
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