Mrs Szalata v I P Fencing Ltd: 2401048/2021
JUDGMENT
[1]The claimant's claim for unfair dismissal under section 95 and section 98 Employment Rights Act 1996 succeeds on the basis that the dismissal was procedurally unfair.[2]The reason for dismissal was redundancy, and the effective date of termination was 30 September 2020.[3]By reason of the principle in Polkey v AE Dayton Services Ltd, there is a NIL award for compensation because it was 100% inevitable the claimant would have been fairly dismissed for redundancy by 30 September 2020 in any event, if the Respondent had followed a fair procedure.[4]The claimant’s claim for unpaid wages for the period 30 September 2020 to 15 December 2020 is not well-founded and fails.[5]The claimant's claim for a payment in lieu of notice is not well-founded and fails.