Mr D Ball v Attercliffe Liberal Club and Institute Ltd: 1802712/2020

EMPLOYMENT TRIBUNALS

Case No 1802712/2020

Between

Mr D BallClaimant

Attercliffe Liberal Club and Institute LtdRespondent

Before

Employment Judge Cronin

Mrs J Marsland (instructed by lay representative) for claimant

Not represented for respondent

Date 11 January 2021

JUDGMENT

[1]The claim for a statutory redundancy payment succeeds and the claimant is entitled to the sum of £3,060.00

[2]The claim for unfair dismissal succeeds. However, the claimant is not awarded any compensation with respect to his unfair dismissal complaint because:a. the claimant is not entitled to a basic award as it is extinguished by the payment of a redundancy payment; and

b. there is no compensatory award payable because the Tribunal decided that a 100% reduction in the compensatory award shall be made under the principles in Polkey v A E Dayton Service Limited

1988 ICR 142

on the basis that the claimant would have been fairly dismissed in any event, even if a fair procedure had been followed.

[3]The claim for breach of contract in relation to failure to pay notice pay succeeds and the claimant is awarded the net sum of £1,428.00 Case No: 1802712/2020 (V)

[4]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £310.00