The Judgment of the Tribunal is that the claimant is awarded the following sums: Basic Award 2 years employment: £978 less 25% contributory fault: £734 Notice Pay 3 months x net monthly pay of £3,143£9,429 Less income received Aug-Nov 2017 (£2,429) £7,000 Compensation Award Nov 17-Oct 18: £3,143 x 12 £37,716 Less net income received Nov 17-Oct 18 (£7,466) Less: 25% Polkey reduction (£7,563) Less: 25% contributory fault (£5,672) Total compensatory award: £17,015 TOTAL AWARD: £24,749 S7.1 2
REASONS
[1]The award set out above differs from the interim award made at tribunal, for the reasons set out below.[2]The order of deductions for unfair dismissal compensation: Following the principles set out in Digital Equipment Co Ltd v Clements (No.2) [1998] IRLR 134, the order applicable to the facts of this case is as follows:a. Net wages due to the claimant for the period of the compensation awardb. Less sums earned by the claimant in alternative employment during this periodc. Percentage deduction from the balance of(a) –(b) under the principle in Polkey v AE Dayton Services [1987] IRLR 503d. Percentage reduction from the balance of (a) – (b) –(c) for any contributory conduct on the part of the employee.[3]Notice pay award: This has been recalculated as the Tribunal has no power to make deductions for Polkey or contributory conduct from an award of notice pay.[4]Basic Award: This has been recalculated as the Tribunal has no power to make a Polkey deduction from this award.[5]Interest Award: given the significant uplift in the awards for compensation I have declined to make an award for interest given there is no legal requirement to do so.