Claimant v Parkdean Resorts Limited
Outcome
Individual claims
The tribunal found the claimant's dismissal to be unfair. The tribunal determined there would be no reduction for contributory fault and no Polkey reduction, indicating the respondent's dismissal procedure was fundamentally flawed and the claimant did not contribute to their dismissal.
Facts
Mr Howells brought a claim for unfair dismissal against his employer Parkdean Resorts Limited, a hospitality company operating holiday parks. The case was heard over two days via video conference in Southampton. The claimant represented himself while the respondent was represented by counsel.
Decision
The tribunal found the dismissal to be unfair. Significantly, the tribunal determined that there should be no reduction for contributory fault and no Polkey reduction, suggesting the dismissal procedure was seriously flawed and the claimant bore no responsibility for his dismissal. A remedy hearing has been listed to determine compensation.
Practical note
A complete absence of both contributory fault and Polkey reductions indicates a fundamentally unfair dismissal where the employer's process was so defective that fair dismissal would not have occurred even with proper procedure.
Case details
- Case number
- 6015030/2024
- Decision date
- 4 August 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No