Claimant v First Thought (Equine) Limited
Outcome
Individual claims
The tribunal found the dismissal to be unfair. However, applying the principle in Polkey v AE Dayton Services, the tribunal determined there was a 50% chance that the claimant would have been fairly dismissed in any event, reducing the compensatory award accordingly.
Facts
Wendy Gray was dismissed by First Thought (Equine) Limited. She brought a claim for unfair dismissal. The hearing was conducted remotely by video over two days in October 2025. Ms Gray represented herself while the respondent was represented by a solicitor, Mr Glencross.
Decision
The tribunal found the dismissal was procedurally unfair. However, applying Polkey principles, the tribunal determined there was a 50% chance the claimant would have been fairly dismissed anyway. The basic award was nil and the compensatory award was reduced to £322.51.
Practical note
Even where dismissal is unfair, substantial Polkey reductions can result in minimal awards where the tribunal finds a significant chance the employee would have been dismissed fairly anyway.
Award breakdown
Adjustments
50% chance that the claimant would have been fairly dismissed in any event
Legal authorities cited
Case details
- Case number
- 2305321/2024
- Decision date
- 3 October 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No