Mr K O’Callaghan v Mersey Docks and Harbour Company Ltd: 2413414/2020
JUDGMENT
[1]The respondent breached the claimant’s contract of employment by failing to give notice of termination.[2]The claimant was unfairly dismissed.[3]Any compensatory award for unfair dismissal will be assessed on the basis that, had the respondent acted fairly:(a) the claimant would inevitably have been dismissed, but with notice; and(b) notice of termination would have been given two working days later than the claimant was actually dismissed.[4]Any basic award for unfair dismissal will be reduced by 25% on the ground that, before his dismissal:(a) the claimant engaged in blameworthy conduct on 24 February 2020; but Case No. 2413414/2020(b) the claimant did not engage in any blameworthy conduct leading to his final written warning.[5]No separate reduction for contributory conduct will be made to any compensatory award for unfair dismissal.