Mr C Woosnam v H V Bowen and Sons (Quarry) Ltd: 1600514/2020

EMPLOYMENT TRIBUNALS

Case No 1600514/2020

Between

Mr C WoosnamClaimant

H V Bowen and Sons (Quarry) LtdRespondent

Before

Employment Judge R Evans

Mr R Hanratty (instructed by Solicitor) for claimant

Mr R Santy (instructed by Solicitor) for respondent

Date 8 February 2021

JUDGMENT

[1]The Claimant’s complaint of unfair dismissal is well founded and succeeds.

[2]There is:a. a 100% deduction to the compensatory award pursuant to the principles in Polkey v. AE Dayton Services Ltd

[1987] UKHL 8

; and

b. a deduction of 100% to the basic and compensatory awards pursuant to sections 122(2) and 123(6) Employment Rights Act (ERA) 1996 owing to the Claimant having contributed to his dismissal.

[3]The Claimant’s complaint of wrongful dismissal/breach of contract (notice pay) is not wellfounded and is dismissed.

[4]This judgment was made and took effect on 8 February 2021. Case No: 1600514/2020 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed by