Claimant v Mediterranean Restaurant Brighton Limited
Outcome
Individual claims
Claim withdrawn by the claimant at the hearing and dismissed on withdrawal.
Claim for notice pay withdrawn by the claimant at the hearing and dismissed on withdrawal.
Claim for redundancy payment withdrawn by the claimant at the hearing and dismissed on withdrawal.
Claim for arrears of pay (unauthorised deductions from wages) withdrawn by the claimant at the hearing and dismissed on withdrawal.
The tribunal found the dismissal was unfair. However, applying a Polkey reduction, the tribunal determined there was a 100% chance the claimant would have been fairly dismissed after a four-week consultation period, resulting in an award of four weeks' pay.
Facts
The claimant was employed by a Mediterranean restaurant in Brighton which entered voluntary liquidation. The claimant brought multiple claims including holiday pay, notice pay, redundancy payment, arrears of pay and unfair dismissal. The respondent did not appear at the remote hearing. The claimant withdrew most claims but proceeded with the unfair dismissal claim.
Decision
The tribunal found the dismissal was unfair but applied a 100% Polkey reduction on the basis that the claimant would have been fairly dismissed after a four-week consultation period in any event. The claimant was awarded compensatory damages representing four weeks' pay totalling £2,074.07.
Practical note
Even where a dismissal is found to be procedurally unfair, a 100% Polkey reduction can leave a claimant with only minimal compensation reflecting the period proper procedure would have taken.
Award breakdown
Adjustments
100% chance that the claimant would have been fairly dismissed in any event, after a four-week consultation period
Legal authorities cited
Case details
- Case number
- 6004125/2025
- Decision date
- 10 September 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No