Mr C Walters v St Paul’s Group YMCA: 3202290/2019
JUDGMENT
[1]The unfair dismissal claim brought under Section 94 of the Employment Rights Act 1996 is well founded and succeeds.[2]The remedy for unfair dismissal is as follows:a. Basic award: The statutory calculation is 5 x £127.85 x 1 = £639.25. This sum falls to be reduced by 70% for contributory fault, and the Claimant is therefore awarded £191.78.b. Compensatory award: £0. The Respondent would certainly have dismissed the Claimant in any event had it followed a fair procedure, there is a 100% reduction under the principle of Polkey v A E Dayton Services Limited, and therefore no contributory award. The basic award falls to be reduced by 70%.[3]The wrongful dismissal claim for notice pay is well founded and succeeds. The Claimant is entitled to 5 weeks gross pay in the agreed sum of £639.25. Case Number: 3202290/2019