Employment Judge KM RossIn person for claimantMr K Harris (instructed by counsel) for respondentDate 17 June 2025
JUDGMENT
[1]The Claimant was unfairly dismissed, for procedural reasons, pursuant to sections 95 and 98 Employment Rights Act 1996.[2]However by reason of the principle in Polkey v AE Dayton services Ltd 1987 IRLR 503, there is a 100 % chance that the claimant would have been fairly dismissed if a fair procedure had been followed and so the award of compensation is nil.[3]In the alternative, the claimant caused or contributed to the dismissal by blameworthy conduct, and it is just and equitable to reduce the compensatory award payable to the claimant by 100 %. I also find it is just and equitable to reduce the basic award payable to the claimant by 100 % because of the claimant’s conduct before the dismissal. Approved by