Two employees win unfair dismissal and discrimination claims against Ibco Limited
A tribunal upheld claims of unfair dismissal, indirect race discrimination, and victimisation for one former employee, and unfair dismissal, disability discrimination, and failure to make reasonable adjustments for another. Damages of £31,752 were awarded to the first claimant.
1 min read · Last updated 18 May 2026
Case details
Key facts
- Mr Duffield was employed by Ibco Limited from 14 October 2013 until 27 August 2020.
- Mr Hussain was employed by Ibco Limited and was dismissed.
- The tribunal upheld claims of unfair dismissal, indirect race discrimination, and victimisation for Mr Duffield.
- The tribunal upheld claims of unfair dismissal, direct disability discrimination, failure to make reasonable adjustments, harassment related to disability, and victimisation for Mr Hussain.
- Mr Duffield was awarded £31,752.26 in compensation including injury to feelings.
- The respondent was ordered to pay preparation time costs of £672 to each claimant.
Timeline
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Employment start
Mr Duffield started employment with Ibco Limited.
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Effective date of termination
Mr Duffield's employment ended.
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New job start
Mr Duffield started a new equivalent job.
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Strike out application
Claimants applied to strike out the response.
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Preliminary hearing (strike out)
Employment Judge Phil Allen heard strike out applications and deposit order.
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Preliminary hearing (continued)
Further hearing on strike out and deposit.
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Deposit non-payment strike out
Employment Judge Holmes struck out some of Mr Duffield's claims for non-payment of deposit.
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Liability hearing start
Full merits hearing began before Employment Judge Cookson and members.
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Liability hearing end
Liability hearing concluded.
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Further liability hearing
Additional days for liability.
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Liability hearing final day
Last day of liability hearing in absence of parties.
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Liability judgment
Judgment on liability issued.
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Remedy hearing
Hearing to determine compensation.
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Remedy judgment
Remedy judgment issued awarding £31,752.26 to Mr Duffield.
The legal issue
The tribunal had to decide whether the dismissals were fair and whether the employees had been discriminated against on grounds of race or disability, including failure to make reasonable adjustments and victimisation.
The outcome
The tribunal upheld claims of unfair dismissal, indirect race discrimination, and victimisation for Mr Duffield, and unfair dismissal, direct disability discrimination, failure to make reasonable adjustments, harassment related to disability, and victimisation for Mr Hussain.
Compensation for Mr Duffield:
- Basic award: £0
- Compensatory award: £3,912.81
- Injury to feelings: included in total
- Preparation time costs: £672
- Total: £31,752.26
Lessons & takeaways
- Employers must ensure that dismissal procedures are fair and that any performance or conduct issues are properly investigated before taking action.
- Indirect race discrimination can arise from policies that disproportionately disadvantage certain racial groups unless objectively justified.
- Failure to make reasonable adjustments for disabled employees, such as flexible working hours, can lead to successful disability discrimination claims.
- Victimisation claims can succeed where an employee is treated badly because they have raised a grievance or supported another's complaint.
What this case shows
Two former employees of Ibco Limited have won a series of claims after the Manchester Employment Tribunal found they were unfairly dismissed and subjected to discrimination. The case highlights how employers can fall foul of the law when they fail to follow proper procedures and ignore the needs of disabled staff.
One of the claimants, a long-serving employee, was dismissed after raising concerns about race discrimination. The tribunal found that his dismissal was not only unfair but also amounted to victimisation – he was penalised for speaking out. The other claimant, who had a disability, was refused a request to reduce his working hours, which the tribunal said was a failure to make reasonable adjustments.
What went wrong
Ibco Limited could have avoided these outcomes by taking a more careful approach. For the first claimant, the dismissal process was flawed: the company did not properly consider his grievance or the context of his complaints. For the second claimant, the refusal to adjust his working hours showed a lack of understanding of disability law. The company also failed to protect him from harassment related to his disability.
Why this matters
This case is a reminder that employment rights protect employees from unfair treatment, especially when they raise legitimate concerns. Employers must take grievances seriously and consider whether policies have a disproportionate impact on certain groups. For disabled employees, the duty to make reasonable adjustments is not optional – it is a legal requirement. The compensation awarded, including injury to feelings, reflects the seriousness of the breaches.
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