Claimant v Asda Stores Limited
Outcome
Individual claims
The tribunal found the claimant was unfairly dismissed. However, there was a 75% chance he would have been dismissed fairly anyway (Polkey reduction) and his conduct contributed 50% to the dismissal.
The tribunal determined the claimant was not dismissed in breach of contract. The wrongful dismissal claim failed on its merits.
The tribunal found the claimant's race discrimination claim was not well-founded and dismissed it.
Facts
Mr Karadag was employed by Asda Stores Limited until his dismissal on 11 October 2023. He brought claims for unfair dismissal, wrongful dismissal and race discrimination. The claimant subsequently found alternative employment but at significantly lower earnings. The tribunal heard the case over multiple days via remote video hearing.
Decision
The tribunal found the claimant was unfairly dismissed but applied a 75% Polkey reduction on the basis he would likely have been dismissed fairly anyway. A 50% contributory conduct reduction was also applied to both basic and compensatory awards. The wrongful dismissal and race discrimination claims failed. Total compensation of £31,909.76 was awarded.
Practical note
Even where unfair dismissal is established, substantial Polkey and contributory fault reductions can dramatically reduce compensation awards, turning what would have been a six-figure award into approximately £32,000.
Award breakdown
Adjustments
75% chance that claimant would have been dismissed fairly in any event
Contributory conduct reduction applied to both basic and compensatory awards
Legal authorities cited
Case details
- Case number
- 3300939/2024
- Decision date
- 13 November 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- solicitor