Cases→2307066/2023

Claimant v Wincanton Group Limited

16 November 2025Before Employment Judge LumbyCroydonremote video

Outcome

Partly successful

Individual claims

Unfair Dismissalsucceeded

The tribunal found the dismissal to be unfair. However, applying Polkey principles, there was a 50% chance the claimant would have been fairly dismissed in any event. The respondent also unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures.

Wrongful Dismissalsucceeded

The tribunal found the dismissal to be wrongful and determined the claimant is entitled to receive payment in respect of notice period.

Automatic Unfair Dismissalfailed

The tribunal was not satisfied that the dismissal was automatically unfair for making a protected disclosure (whistleblowing). The claim failed on its merits.

Automatic Unfair Dismissal(race)failed

The tribunal was not satisfied that the dismissal was automatically unfair because of race. The claim failed on its merits.

Direct Discrimination(race)failed

The tribunal found the complaint of direct race discrimination was not well-founded and dismissed it.

Harassment(race)failed

The tribunal found the complaint of harassment related to race was not well-founded and dismissed it.

Victimisationfailed

The tribunal found the complaint of victimisation was not well-founded and dismissed it.

Facts

Mr Walker was dismissed by Wincanton Group Limited in circumstances he claimed amounted to unfair dismissal, wrongful dismissal, automatic unfair dismissal (for whistleblowing and race), direct race discrimination, harassment related to race, and victimisation. The case was heard over five days by a full tribunal panel via video hearing.

Decision

The tribunal found the dismissal was both unfair and wrongful, but rejected all discrimination, harassment, victimisation and automatic unfair dismissal claims. The compensatory award will be subject to a 50% Polkey reduction, a 10% ACAS Code uplift, and a 10% contributory fault reduction. A remedy hearing will determine the final award.

Practical note

Even where unfair dismissal is established with ACAS Code breaches, tribunals will apply substantial Polkey reductions where there was a significant chance of fair dismissal, and contributory fault can further reduce awards where the claimant's conduct played a role in the dismissal.

Adjustments

Polkey reduction50%

50% chance that the claimant would have been fairly dismissed in any event

Contributory fault10%

The claimant caused or contributed to the dismissal by blameworthy conduct

ACAS uplift+10%

Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015

Legal authorities cited

Statutes

Trade Union & Labour Relations (Consolidation) Act 1992 s.207A

Case details

Case number
2307066/2023
Decision date
16 November 2025
Hearing type
full merits
Hearing days
5
Classification
contested

Respondent

Name
Wincanton Group Limited
Sector
logistics
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
barrister
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