Mr J Cawley v T J Morris Ltd (T/a Home Bargains): 1602427/2020

EMPLOYMENT TRIBUNALS

Case No 1602427/2020

Between

Mr J CawleyClaimant

T J Morris Ltd (T/a Home Bargains)Respondent

Before

Employment Judge R Evans

In person for claimant

Mr B Williams (instructed by Counsel) for respondent

Date 6 April 2021

JUDGMENT

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

[2]The Claimant’s claim for personal injuries is not well-founded and are dismissed.

[3]The Claimant’s claim for re-instatement and re-engagement is not well founded and is dismissed.

[4]There is:a. a deduction of 75% to the basic award pursuant to section 122(2) Employment Rights Act (ERA) 1996;

b. a 75% deduction pursuant to Polkey v. AE Dayton Services Ltd

[1987] UKHL 8

;

c. an uplift of 15% for the failure to adhere to section 207A of the Trade Union & Labour Relations (Consolidation) Act 1992; and

d. a deduction of 75% to the compensatory award pursuant to section 123(6) ERA 1996.

[5]This judgment was made and took effect on 6 April 2021. Case No. 1602427/2020

[6]The case is adjourned to the first open date after 3 May 2021 to determine any outstanding matters relating to remedy (t/e three hours). The case shall be listed before Employment Judge R Evans and shall be effective via Cloud Video Platform.

[7]The Claimant and the Respondent’s Counsel shall send their dates of non-availability to the Tribunal by 13 April 2021. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed by