Mr N T Devenport v Prosaw Ltd: 1310811/2020

EMPLOYMENT TRIBUNALS
Case No 1310811/2020
Mr N T DevenportClaimantProsaw LtdRespondent
Employment Judge CampMr J WagstaffeMr P TalbotIn person for claimantMr K Ali (instructed by counsel) for respondentDate 6 August 2021

JUDGMENT

(1) The claimant was unfairly dismissed.(2) If the remedy is compensation only:a. the compensatory award will be £nil, pursuant to the so-called ‘Polkey principle’ (see: Polkey v AE Dayton Services Ltd [1987] UKHL 8; paragraph 54 of Software 2000 Ltd v Andrews [2007] ICR 825);b. there will be no basic award, because the reason for dismissal was redundancy and the claimant was paid a statutory redundancy payment.(3) The religion and belief discrimination claims fail.(4) In light of the above, and having had discussions with the respondent, the claimant does not wish the Tribunal to make an order for reinstatement or re-engagement.