Mrs A Topping v Cranford Care Homes Ltd: 2414522/2021

EMPLOYMENT TRIBUNALS

Case No 2414522/2021

Between

Mrs A ToppingClaimant

Cranford Care Homes LtdRespondent

Before

Employment Judge Buzzard

Mr D Flood (instructed by Counsel) for claimant

Miss A Gumbs (instructed by Counsel) for respondent

Date 21 April 2023

JUDGMENT

The claimant’s claim of unfair dismissal is well founded and succeeds. It is found that the claimant would have been fairly dismissed one week after the date of dismissal had a fair procedure had been followed, and accordingly under the principles of Polkey v AE Dayton Services Ltd

[1987] UKHL 8

the claimant’s losses are limited to losses incurred in the further week that a fair procedure would have required. The claimant is further found to have been 50% to blame for her dismissal, and any remedy shall be reduced accordingly to reflect that level of contribution. The claimant’s claim of wrongful dismissal is not well founded and is dismissed.