Mr S O’Brien v Tesco Stores Ltd: 2410057/2019
JUDGMENT
[1]The name of the respondent is amended to Tesco Stores Limited.[2]The claimant was unfairly (constructively) dismissed but reason of the principle in Polkey v A E Dayton Services Limited it was inevitable the claimant would have been dismissed for gross misconduct within eight weeks of his resignation. In addition any basic award and any compensatory award is reduced by 100% for culpable and blameworthy conduct.[3]Accordingly, there is no award for compensation.