Employment Judge P KlimovIn person for claimantDate 28 April 2022
JUDGMENT
[1]The claimant’s claim under s. 153 Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”) is dismissed upon withdrawal.[2]The claimant’s claim under s. 146 TULRCA is dismissed upon withdrawal.[3]The claimant’s claim under s. 152 TULRCA fails and is dismissed.[4]The claimant’s claim for unfair dismissal under s. 94 of the Employment Rights Act 1996 (“ERA”) succeeds.[5]The claimant was unfairly dismissed by the respondent.[6]The respondent must pay to the claimant a compensation for unfair dismissal to be determined at a remedy hearing on 28 June 2022, if not agreed between the parties. Case Number 2202039/2021[7]A 50% reduction to the compensatory award for unfair dismissal shall be made under the principles in Polkey v A E Dayton Services Limited 1988 ICR 142.[8]There shall be no reduction to the compensatory award under s. 123(6) ERA.