Mr Marcin Rogalski v Amazon UK Services Ltd: 1302193/2017

EMPLOYMENT TRIBUNALS

Case No 1302193/2017

Between

Mr Marcin RogalskiClaimant

Amazon UK Services LimitedRespondent

Before

Employment Judge Camp

Mr R Ennis (instructed by solicitor) for claimant

Mr M Islam-Choudhury (instructed by counsel) for respondent

Date 24 January 2018

JUDGMENT

[1]The claimant was unfairly and wrongfully dismissed.

[2]In relation to unfair dismissal, if the remedy is compensation:2.1 no reduction to any compensatory award is appropriate pursuant to the socalled Polkey principle (see Polkey v AE Dayton Services Ltd

[1987] UKHL 8

);

2.2 the basic award and any compensatory award are both to be reduced by 50 percent, pursuant to sections 122(2) and 123(6) of the Employment Rights Act 1996.

[3]By consent, the parties having – in light of paragraphs 1 and 2 above – agreed terms in relation to what remains of remedy, and without prejudice to any appeal or reconsideration application, no further decision as to remedy is made.

[4]This Judgment is made and takes effect on 23 January 2018. Reasons for paragraphs 1 and 2 above were given orally on that date. Written reasons were not requested and will only be provided if asked for by a written request presented within 14 days of the date of the sending of this written record of the decision.