Employment Judge BrainMiss H Gardiner (instructed by Counsel) for claimantMs A Jervis (instructed by Advocate) for respondentDate 23 September 2024
JUDGMENT
The Judgment of the Employment Tribunal is that: Unfair Dismissal[1]The claimant was unfairly dismissed by the respondent.[2]Save for the issues in paragraphs 3 – 5 below, remedy shall be determined at a subsequent hearing.[3]It is not just and equitable to make a reduction to any basic award by reason of the claimant’s conduct before he was served with notice of dismissal.[4]There shall be no reduction to any compensatory award to reflect the chance that the claimant would still have been dismissed even if a fair procedure had been followed or for some other reason by application of the principles in Polkey v A E Dayton Services Limited [1987] IRLR 503 HL.[5]It is not just and equitable to make a reduction to any compensatory award by reason of the claimant’s conduct. Holiday Pay Claim[6]It is declared that: 6.1. The claimant had no contractual entitlement to carry forward unused annual leave entitlement in holiday year 1 April 2022 to 31 March 2023 into the holiday year commencing 1 April 2023. Case Number: 1807905/2023 6.2. The claimant had a statutory right to carry forward unused annual leave entitlement in holiday year 1 April 2022 to 31 March 2023 vested in him by Regulation 13 of the Working Time Regulations 1998. 6.3. Remedy (if any) shall be determined at a subsequent hearing.