Claimant v Direct Rail Services Limited
Outcome
Individual claims
The tribunal found the complaint of unfair dismissal to be well-founded and concluded that both the first and second claimants were unfairly dismissed by the respondent.
The complaint of entitlement to a redundancy payment was withdrawn by consent during the proceedings.
Facts
Two claimants, Ms Georgina Glendinning and Ms Kellie Haughan, brought claims against their employer Direct Rail Services Limited. The case was heard over five days in Manchester in August 2025. Both claimants were dismissed by the respondent and brought claims for unfair dismissal and initially claimed entitlement to redundancy payments, though the latter claim was withdrawn during proceedings.
Decision
The tribunal unanimously found that both claimants were unfairly dismissed. The tribunal determined that no Polkey reduction was appropriate and found no blameworthy conduct by the claimants that contributed to their dismissals. A separate remedy hearing was scheduled to determine compensation.
Practical note
Employers must ensure dismissal procedures are fair and reasonable, as evidenced by this successful unfair dismissal claim with no reductions for contributory conduct or procedural alternatives.
Case details
- Case number
- 2409129/2023
- Decision date
- 8 August 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister