Mr M Gibbs v Arriva North West Ltd: 6008319/2024
JUDGMENT
[1]The claimant’s application to strike out the respondent’s response to the claim (pursuant to rule 38(1)(b), (c), (d), or (e) if the Employment Tribunal Rules of Procedure 2024) is refused.[2]The complaint of victimisation is not well-founded and is dismissed.[3]The complaint of breach of contract in relation to notice pay is not wellfounded and is dismissed.[4]Insofar as these proceedings included a claim for unauthorised deductions from wages, that complaint of unauthorised deductions from wages is not well-founded and is dismissed.[5]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[6]There is a 100% chance that the claimant would have been fairly dismissed in any event.[7]It is just and equitable to reduce the basic award payable to the claimant by 50% because of the claimant’s conduct before the dismissal.[8]The respondent shall pay the claimant a basic award of £2985.84.[9]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply. Approved by: