Claimant v Yourway Transport Limited

The tribunal found no evidence of direct discrimination because of the claimant's age. The claim was dismissed in its entirety.

The claimant was dismissed by reason of redundancy but the dismissal was procedurally unfair. The first respondent failed to show there was any chance that a fair dismissal would have occurred, so no Polkey reduction was applied.

The claimant's contractual notice period was 12 weeks and the tribunal found he was given that full notice. No breach was established.

The first respondent underpaid the claimant's statutory redundancy pay by £405. The tribunal awarded this shortfall.

The claimant failed to show there was an underpayment of holiday pay connected to commission payments. Even if there had been an underpayment, no award would have been made because the first respondent had overpaid the claimant in his final pay.