Miss J Burlinson v Town End Farm Working Men’s Club and Institute Ltd: 2500502/2019

EMPLOYMENT TRIBUNALS

Case No 2500502/2019

Between

Miss J BurlinsonClaimant

Town End Farm Working Men’s Club and Institute LtdRespondent

Before

Employment Judge Morris

In person for claimant

Date 21 July 2019

JUDGMENT

The Judgment of the Employment Tribunal is as follows:-

[1]The claimant’s complaint that her dismissal by the respondent was unfair, being contrary to Sections 94 and 98 of the Employment Rights Act 1996, is well- founded.

[2]The Tribunal does not make any award of compensation in respect of the claimant’s unfair dismissal for two reasons. The first is that the only reason why the dismissal was unfair is that the respondent failed to follow a reasonable procedure prior to deciding that the claimant should be dismissed, whether by reference to general principles of good industrial relations practice or the ACAS Code of Practice on Disciplinary and Grievance Procedures (2015) with which it did not comply at all other than offering the claimant a right of appeal against her dismissal, which she did not exercise. The Tribunal is satisfied that had a proper procedure been followed there is a 100% likelihood that the claimant would have been dismissed fairly and therefore applies a 100% reduction to any compensatory award that would have been awarded in accordance with the decision of the House of Lords in the case of Polkey v AE Dayton Services Limited

[1987] IRLR 503

. Case Number: 2500502/2019

[3]The second reason is that the conduct of the claimant before her dismissal was such that it would be just and equitable to reduce the amount of any basic award that would have been awarded to the claimant by 100% to nil; similarly, as the claimant’s dismissal was wholly caused or contributed to by her actions, it is considered just and equitable to reduce any compensatory award by 100% to nil. EMPLOYMENT JUDGE MORRIS