Claimant v Chigwell Homes Limited
Outcome
Individual claims
The tribunal found the respondent failed to pay the claimant notice pay upon termination. The claimant was awarded £2661.12 gross to reflect post-employment notice pay tax treatment.
The tribunal found the respondent breached contract by failing to pay the claimant for accrued but untaken holidays on termination. The claimant was awarded £377.52 net.
Under section 163 Employment Rights Act 1996, the tribunal determined the claimant was entitled to a statutory redundancy payment following the closure of the care home.
The tribunal found the dismissal was procedurally unfair. However, a 100% Polkey reduction was applied as the claimant would have been fairly dismissed in any event due to the closure of the care home, resulting in no compensatory award.
Facts
Mrs Weller was dismissed by Chigwell Homes Limited, a care home operator, in circumstances connected with the closure of the care home. The respondent failed to pay notice pay and accrued holiday pay, and did not follow proper ACAS procedures during the dismissal process. Mrs Weller brought claims for breach of contract, holiday pay, redundancy payment, and unfair dismissal.
Decision
The tribunal found all claims well-founded. While the dismissal was procedurally unfair and the respondent failed to comply with the ACAS Code, the tribunal applied a 100% Polkey reduction because the claimant would have been fairly dismissed anyway due to the care home closure. The claimant was awarded notice pay, holiday pay, statutory redundancy pay, and a 15% ACAS uplift totalling £7,429.49.
Practical note
Even where a dismissal is procedurally unfair and ACAS Code failures justify an uplift, a 100% Polkey reduction may eliminate compensatory awards if fair dismissal was inevitable, though contractual and statutory entitlements remain payable.
Award breakdown
Adjustments
100% chance that the claimant would have been fairly dismissed in any event due to the closure of the care home
Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
Legal authorities cited
Statutes
Case details
- Case number
- 6019232/2024
- Decision date
- 31 July 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- lay rep