Mr N Cank v Pauline Edwards Transport Ltd: 2602749/2018
JUDGMENT
[1]The Claimant’s complaints of direct disability discrimination, discrimination arising from disability and a failure to comply with the duty to make reasonable adjustments are all dismissed.[2]The Claimant was unfairly dismissed.[3]Having regard to the Polkey principle (Polkey v AE Dayton Services Ltd [1987] IRLR 50) if the Respondent had carried out a fair procedure there was a 50% chance that the Claimant would have been fairly dismissed. Accordingly, the compensatory award shall be reduced by 50%.[4]The issue of remedy on unfair dismissal is agreed. 4. The complaint of an unlawful deduction of wages is dismissed.