T Olaniyan v Social Interest Group: 2307972/2020
JUDGMENT
[1]The claim of unfair dismissal is well founded and succeeds;a. It is just and equitable for the Claimant’s losses to be limited to two weeks, the date by which he would have been fairly dismissed had a fair procedure been followed (Polkey);b. There shall be no uplift to the compensatory award for failure to follow the ACAS Code;c. There shall be a reduction to the basic and compensatory awards of 50% on the grounds of contributory fault.d. The Respondent is therefore ordered to pay the Claimant £1755.44 comprising: i. £989.13 basic award ii. £266.31 compensatory award; and iii. £500 loss of statutory rights; Case No: 2307972/2020[2]The claim of wrongful dismissal is not well founded and is dismissed;[3]The Respondent has unlawfully deducted the Claimant’s pay for failure to pay for accrued but untaken 1.92 days holiday and the Respondent is ordered to pay the Claimant £168.85; and[4]The Claimant’s claim of direct sex discrimination fails and is dismissed.