Employment Judge Phil AllenMr D Bunting (instructed by counsel) for claimantMr P Keith (instructed by counsel) for respondentDate 18 January 2023
JUDGMENT
[1]The claimant was unfairly dismissed. His claim for unfair dismissal succeeds.[2]The claimant did not contribute to his dismissal such that either his basic or compensatory award should be reduced under either section 122(2) or 123(6) of the Employment Rights Act 1996.[3]Applying the principles in Polkey, the claimant’s compensatory award should be reduced by 40% to reflect the chance that he would have been dismissed in any event.[4]The respondent unreasonably failed to comply with the ACAS code of practice on disciplinary and grievance procedures and, as a result, the award should be uplifted by 10% under section 207A(2) of the Trade Union and Labour Relations (Consolidation) Act 1992.[5]The respondent breached the claimant’s contract of employment by not giving the claimant notice or paying him in lieu of notice and the claimant is awarded damages equivalent to three months notice as a result.[6]The respondent did not make an unauthorised deduction from the claimant’s wages regarding annual leave.[7]The claim for failure to provide written reasons for dismissal is dismissed on withdrawal.