Mr D HarmerClaimantDDV Ltd T/a McDonaldsRespondent
Before
Employment Judge LaidlerIn person for claimantDate 8 August 2019
JUDGMENT
[1]The claimant was dismissed for some other substantial reason, a potentially fair reason for dismissal falling within s.98 of the Employment Rights Act 1996.[2]The respondent acted unfairly in all the circumstances of the case in treating that as a reason to dismiss the claimant.[3]The tribunal considers that the conduct of the claimant before the dismissal was such that it would be just and equitable to reduce the basic award to nil within the provisions of section 122(2) Employment Rights Act[4]In applying the principles set out in Polkey v A E Dayton Services Limited 1988 ICR 142 the tribunal has concluded that the claimant would have been dismissed fairly at a later date and that it would have taken the respondent no longer than three weeks to have called the claimant to a formal disciplinary/dismissal hearing when he would have been dismissed for some other substantial reason the employment relationship having irretrievably broken down. Case Number: 3313281/2019[5]The tribunal finds however that the dismissal was caused or contributed to by action of the claimant such that it would not be just and equitable to make a compensatory award within section 123 Employment Rights Act