Employment Judge CampMr P Ward (instructed by counsel) for claimantMs J Fitzsimmons (instructed by solicitor) for respondentDate 22 June 2022
JUDGMENT
(1) The claimant was unfairly and wrongfully dismissed.(2) If the remedy for unfair dismissal is compensation only, there will be a compensatory award of £nil in accordance with the so-called Polkey principle (see Polkey v AE Dayton Services Ltd [1987] UKHL 8).(3) Were there any compensatory award, it would be reduced by 50 percent for contributory conduct, pursuant to section 123(6) of the Employment Rights Act 1996.(4) The claimant’s unfair dismissal basic award is reduced by 50 percent because of conduct before dismissal, pursuant to section 122(2) of the Employment Rights Act 1996.(5) The claimant must give credit for his earnings during his contractual notice period in his claim for damages for wrongful dismissal.(6) The claimant’s damages for wrongful dismissal are increased by 15 percent for unreasonable failure to follow the Acas Code of Practice 1 in relation to the claimant’s 1 of 2 Case No. 1301049/2021 dismissal, pursuant to section 207A of the Trade Union & Labour Relations (Consolidation) Act 1992.(7) Reasons for the above decisions were given orally. Written reasons will not be provided unless asked for by a written request presented by any party within 14 days of the sending of this Judgment.(8) In light of the above decisions, without prejudice to any appeal or application for reconsideration that may be made in relation to them, remedy is agreed as follows:a. the remedy for unfair dismissal is compensation only and the claimant is awarded and the respondent must pay him £7,666.50 as a basic award;b. damages for wrongful dismissal are assessed in the sum of £6,208, inclusive of the above-mentioned 15 percent uplift;c. the total sum the respondent must therefore pay the claimant is £13,874.50