Claimant v Protect Line Limited
Outcome
Individual claims
The tribunal found the dismissal was procedurally unfair. However, the tribunal applied significant reductions: a 50% Polkey reduction reflecting the likelihood of fair dismissal, and a 70% reduction for the claimant's culpable conduct contributing to the dismissal.
The claimant failed to establish that he was treated less favourably because of his sex. The tribunal dismissed this claim on the merits.
Facts
Mr Holden was dismissed by Protect Line Limited in circumstances he challenged as unfair and discriminatory. He also brought a claim of direct sex discrimination. The case was heard over four days via video link with the claimant representing himself and the respondent represented by counsel.
Decision
The tribunal found the dismissal was procedurally unfair but applied substantial reductions: 50% for Polkey (likelihood of fair dismissal anyway) and 70% for the claimant's culpable conduct. The sex discrimination claim failed. Remedy to be determined at a further hearing in October 2025.
Practical note
Even where unfair dismissal succeeds on procedural grounds, very substantial combined Polkey and contributory conduct reductions (here totalling 85% diminution) can dramatically reduce compensation where the claimant's own conduct significantly contributed to dismissal.
Adjustments
50% reduction applied reflecting likelihood that dismissal would have occurred in any event
70% reduction for culpable conduct contributing to dismissal
Legal authorities cited
Case details
- Case number
- 6001404/2024
- Decision date
- 7 July 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No