Claimant v Greene King Retail Services Limited
Outcome
Individual claims
The tribunal found the unfair dismissal complaint to be well-founded and concluded the claimant was unfairly dismissed. However, the tribunal determined there was a 100% chance the claimant would have been fairly dismissed in any event, applying the Polkey principle. The basic award was reduced to zero due to the claimant's conduct before dismissal.
Facts
The claimant, Mr Manuel Trillo Fernandez, was dismissed by Greene King Retail Services Limited. He brought a claim for unfair dismissal. The tribunal heard the case over three days in July 2025. The claimant represented himself while the respondent was represented by counsel instructed by ESP Solicitors.
Decision
The tribunal found the dismissal was procedurally unfair. However, the tribunal concluded there was a 100% chance the claimant would have been fairly dismissed in any event (Polkey) and reduced the basic award to zero due to the claimant's pre-dismissal conduct. The total compensation awarded was zero.
Practical note
Even where a dismissal is procedurally unfair, a tribunal may award zero compensation if it finds the employee would inevitably have been fairly dismissed and their conduct justifies reducing the basic award to nil.
Adjustments
100% chance that the claimant would have been fairly dismissed in any event
Basic award reduced by 100% due to the claimant's conduct before dismissal
Legal authorities cited
Case details
- Case number
- 6023575/2024
- Decision date
- 31 July 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No