Mr P Jones v Berkeley Stainless Fittings Ltd: 1402498/2020
JUDGMENT
[1]The respondent unfairly dismissed the claimant. The claim of unfair dismissal is well founded and succeeds.[2]It would not be just and equitable to make any reduction to the basic or compensatory awards on the grounds of Polkey or contributory conduct.[3]The respondent unreasonably failed to comply with the ACAS Code of Practice relating to disciplinaries and it is just and equitable to increase the compensatory award by 15%.[4]The claim that the claimant was wrongfully dismissed is well founded and succeeds.[5]The claims of age discrimination, failure to provide a written statement of employment particulars and failure to permit the claimant to be accompanied are not well founded and are dismissed.[6]The employer’s contract claim is dismissed on its withdrawal by the respondent. Remedy[7]The parties are to agree the appropriate sums for remedy and notify the Tribunal within 7 days of the date on which this Judgment is sent to the Tribunal.1 1 The claimant is awarded his past loss to the date of the hearing (there was no failure to mitigate) and 9 months future loss. Loss of statutory protection at £300. Case No: 1402498/2020/P