Northumberland and Tyne & Wear NHS Foundation Trust lost their Employment Tribunal case against Mr Bakhsh in July 2010. Mr Bakhsh had been employed by them for over 20 years. The dismissal was found to be automatically unfair due to a Trade Union reason, Mr Bakhsh had previously described himself before the Tribunal as a "militant Trade Unionist".
Following a remedies hearing Mr Bakhsh was awarded £25,000 loss of income, £12,000 compensation for injury to feelings and compensation for disability discrimination totalling just over £10,000. His former employers were also ordered to re-engage him and there was no appeal.
They refused to re-engage him. On 3 November 2011 the Employment Tribunal awarded Mr Bakhsh the maximum, statutorily capped, compensation for non compliance with a re-engagement order as well as basic award and a compensatory award for unfair dismissal. That was £17,160. The Tribunal referred to the fact that Northumberland and Tyne & Wear NHS Foundation Trust was in flagrant breach of the order of re-engagement. Mr Bakhsh is however pursuing the issue. He has pointed out that the Defendant is a public body (and indeed is publicly funded). Mr Justice Foskett has decided in a Judgment published at the end of May 2012 that there are arguments with regard to a judicial review which should go forward.
For further information contact Holly Dobson on 0114 266 6660 or email [email protected].
