Claimant v Home Maintenance & Solutions Limited
Outcome
Individual claims
The tribunal found the dismissal was procedurally unfair. However, the tribunal applied a 100% Polkey reduction, finding that the claimant would have been fairly dismissed in any event had a proper procedure been followed. The claimant was awarded only £500 compensatory award reflecting this.
The tribunal determined under section 163 Employment Rights Act 1996 that the claimant was entitled to a statutory redundancy payment. The claimant was awarded £1,400 in redundancy pay.
The tribunal found the respondent breached the claimant's contract by failing to pay notice pay. The claimant was entitled to 4 weeks' notice pay at £350 per week, totalling £1,400 gross to account for post-employment notice pay tax treatment.
The tribunal found the respondent made an unauthorised deduction from wages in the period 1 October to 28 October 2024. The claimant should have been paid £2,520 but the respondent was only entitled to deduct £1,930 for damage to a company vehicle, leaving an unlawful deduction of £590.
The tribunal found the complaint of holiday pay was not well-founded and dismissed this claim without providing detailed reasoning in the judgment.
Facts
The claimant was employed by a home maintenance company until dismissal on 28 October 2024. The respondent deducted £1,930 from the claimant's final wages of £2,520 for damage to a company vehicle during the period 1 to 28 October 2024. The claimant was not paid notice pay or redundancy pay. The dismissal was procedurally unfair but the tribunal found the outcome would have been the same with proper procedure.
Decision
The tribunal found the dismissal unfair but applied a 100% Polkey reduction, awarding only £500 compensatory award and £0 basic award. The claimant succeeded in claims for redundancy pay (£1,400), notice pay (£1,400 gross), and unlawful wage deductions (£590). The holiday pay claim failed. Total award was £3,890.
Practical note
A 100% Polkey reduction can effectively nullify an unfair dismissal award where the tribunal finds a fair dismissal was inevitable, though statutory payments like redundancy and notice remain payable.
Award breakdown
Adjustments
100% chance that the claimant would have been fairly dismissed in any event had proper procedure been followed
Legal authorities cited
Statutes
Case details
- Case number
- 6022613/2024
- Decision date
- 8 August 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- lay rep
Employment details
Claimant representation
- Represented
- No