Mr A Olive v Network Rail Infrastructure Ltd: 3331037/2018
JUDGMENT
[2]Had a fair procedure been adopted there is a 50% chance that the Claimant would still have been fairly dismissed.[3]The Claimant contributed to his dismissal by his own fault. The level of contribution is assessed at 50%.[4]The Claimant having requested reinstatement or re-engagement, the remedy to which he is entitled shall be considered at a remedy hearing on 17 June 2019 at the Cambridge Hearing Centre (time estimate 2 hours). Orders relating to this hearing (which may be for case management only) have been issued separately. REMEDY JUDGMENT[1]The Claimant’s applications for a reinstatement order or reengagement order are dismissed.[2]The Respondent shall pay the Claimant the sum of £46,829.66, calculated as follows:a. Basic award for unfair dismissal: £8,802b. Compensatory award for unfair dismissal: £38,027.66 The recoupment provisions do not apply.