Mr M Perera v Lantmannen Unibake UK Ltd: 3303041/2021
JUDGMENT
[1]The Claimant’s claim for holiday pay is dismissed upon withdrawal.[2]The Claimant was unfairly dismissed by the Respondent.[3]The Claimant’s basic award is reduced by 60% to reflect his contributory fault.[4]The Claimant’s compensatory award is reduced by 60% to reflect both his contributory fault and the chance that the Claimant would have been fairly dismissed if a fair process had been followed (“Polkey” deduction). However the Claimant’s compensatory award is then increased by 10% to reflect the Respondent’s failure to fully comply with the ACAS Code of Practice on Disciplinary and Grievance procedures. EJ Fitzgerald