Mr D WheatleyClaimantUnion Fasteners LtdRespondent
Before
Employment Judge FloodMr Ennis (instructed by Solicitor) for claimantMr Neate (Managing Director (instructed by respondent)) for respondentDate 13 October 2020
JUDGMENT
[1]The claimant’s complaint of unfair dismissal succeeds. Applying the principle in Polkey, there is a 50% chance that the claimant would have been fairly dismissed if a fair procedure had taken place. The claimant contributed to his dismissal by his conduct and it is just and equitable to make a 50% reduction to both the basic and compensatory award.[2]The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary Procedures and the compensatory award is increased by 15% under section 207(A) of the Trade Union and Labour Relations (Consolidation) Act 1992.[3]The respondent is ordered to pay to the claimant compensation for unfair dismissal as follows:a. Basic award £2160b. Compensatory award £1368.78 Total compensation £3528.78 Case No: 1307499/2019[4]The claimant’s complaint of breach of contract fails and is dismissed.