Mrs H M Walkinshaw v Brookes Jordan Ltd: 2601892/2018

EMPLOYMENT TRIBUNALS

Case No 2601892/2018

Between

Mrs H M WalkinshawClaimant

Brookes Jordan LtdRespondent

Before

Employment Judge Ahmed

Mr M Anastasiades (instructed by Solicitor) for claimant

Date 5 March 2020

JUDGMENT

The Employment Tribunal Judge gave judgment as follows:-

[1]The Claimant was dismissed in breach of contract.

[2]The Claimant was also unfairly dismissed but applying a Polkey reduction (Polkey v A E Dayton Services Limited

[1987] IRLR 503

) there was a 75% chance of the Claimant being dismissed fairly in any event. The compensatory award shall therefore be reduced by 75%.

[3]The issue of remedy is agreed. The Respondent shall pay to the Claimant compensation for unfair dismissal and damages for breach of contract of £7,270.25 net.

[4]The Recoupment Regulations do not apply.