Claimant v Dignity Pet Crematorium Limited
Outcome
Individual claims
The tribunal found the respondent unfairly dismissed the claimant. However, the tribunal made a Polkey finding that the claimant would have been fairly dismissed within 3 months of the actual dismissal date. The award therefore reflected compensation for only 2 months of loss.
Facts
The claimant was employed by the respondent, a pet crematorium business, until her dismissal on 27 August 2024. The tribunal heard a two-day hearing in August 2025 to determine the fairness of the dismissal. The respondent was represented by a litigation consultant and the claimant by her father as lay representative. The remedy was agreed by consent between the parties.
Decision
The tribunal found that the respondent unfairly dismissed the claimant. However, applying the Polkey principle, the tribunal concluded that the claimant would have been fairly dismissed within 3 months anyway. Compensation was therefore limited to 2 months' loss of earnings plus a basic award, totalling £7,683.33.
Practical note
Even where dismissal is procedurally unfair, a substantial Polkey reduction to nil future loss may apply if the tribunal finds the employee would have been fairly dismissed shortly afterwards in any event.
Award breakdown
Adjustments
The Claimant would have been fairly dismissed within 3 months of the date of her dismissal. Compensation limited to 2 months loss from 27 August 2024 to 26 October 2024.
Legal authorities cited
Statutes
Case details
- Case number
- 1402483/2024
- Decision date
- 12 August 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- Yes
- Rep type
- lay rep