Mr Andrew McCully v D Salmon Cars Ltd: 3200614/2020
JUDGMENT
[1]The Claimant’s claim for payment for accrued holiday entitlement upon termination of employment is dismissed upon withdrawal.[2]The Claimant’s claim of wrongful dismissal (breach of contract – failure to pay notice pay) fails and is dismissed.[3]The Claimant’s claim of unfair dismissal succeeds.[4]The Claimant’s compensation for unfair dismissal is adjusted as follows:a. Basic award reduced for conduct under s122(2) ERA 1996 by 40%;b. ‘Polkey’ reduction of the compensatory award under s123(1) ERA 1996 as follows: 1 of 2 Case Number: 3200614/2020 V i. no reduction for 2 weeks; ii. 60% reduction to the loss of earnings for a further 9 months;c. ACAS uplift of the compensatory award under s207A TULR(C)A 1992 of 25%;d. Reduction of the compensatory award for contribution under s123(6) ERA 1996 by 40%.[5](Taking into account the adjustments as listed above), the Respondent is ordered to pay the Claimant total compensation of £5,473.09 comprising:a. a basic award of £1,223.40; andb. a compensatory award of £4,249.69.