Mr D Barker v Pinnacle Living Ltd: 2417184/2018
JUDGMENT
[1]The claimant's claim of unfair dismissal is well-founded and succeeds.[2]The Polkey principles apply to this dismissal to the extent of 100%. The claimant would have been dismissed in any event had a fair procedure been followed.[3]The claimant is awarded two weeks’ loss of pay for the time he would have continued to have been employed had a fair procedure been followed.[4]The Tribunal makes an award of two weeks’ pay under section 38 of the Employment Act 2002, by reason of the respondent’s failure to provide the claimant with a section 1 written statement of terms and conditions of employment.[5]A basic award is not payable as the claimant has already received a statutory redundancy payment.