Mr W Hadley v Tower Transit Operations Ltd: 2207021/2021

EMPLOYMENT TRIBUNALS

Case No 2207021/2021

Between

Mr W HadleyClaimant

Tower Transit Operations LtdRespondent

Before

Employment Judge B Beyzade

Mr A Leonhardt (instructed by Counsel) for claimant

Ms K Moss (instructed by Counsel) for respondent

Date 20 May 2022

JUDGMENT

[1]The unanimous judgment of the tribunal is that: 1.1. the complaint of unfair dismissal is well-founded and succeeds. However, no compensation is due to the claimant in respect of his unfair dismissal because:1.1.1 Pursuant to section 122(4) of the Employment Rights Act 1996, no basic award is payable, the respondent having made a redundancy payment to the claimant;

1.1.2 No compensatory award is due to the claimant as there was a 100% chance that the claimant would have been dismissed had a fair redundancy procedure been followed. Accordingly, - 1 - Case Number: 2207021/2021 the compensatory award is reduced by 100% pursuant to the principles in Polkey v A E Dayton Service Limited

1988 ICR 142

. 1.2. The claimant’s claim of direct discrimination because of the protected characteristic of age is not-well founded and is dismissed and 1.3. The claimant’s claim of breach of contract is not-well founded and is dismissed.

REASONS

[1]Oral reasons were given for this judgment at the end of the hearing held inperson at the London Central Employment Tribunal at Victory House, 30- 34 Kingsway, London, WC2B 6EX.