Cases6022613/2024

Claimant v Home Maintenance & Solutions Limited

8 August 2025Before Employment Judge MoylerLondon Centralremote video

Outcome

Partly successful£3,890

Individual claims

Unfair Dismissalsucceeded

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.

Redundancy Paysucceeded

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.

Breach of Contractsucceeded

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.

Unlawful Deduction from Wagessucceeded

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.

Holiday Payfailed

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

Compensatory award£500
Notice pay£1,400
Redundancy pay£1,400
Unpaid wages£590

Adjustments

Polkey reduction100%

100% chance that the claimant would have been fairly dismissed in any event had proper procedure been followed

Legal authorities cited

Statutes

ERA 1996 s.163

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