Claimant v Tele Prospects Limited
Outcome
Individual claims
The tribunal found that while the reason for dismissal was redundancy, the respondent acted unfairly in the procedure. The tribunal concluded that had the respondent acted fairly, the dismissal would have been at least one week later and there was a 50% chance the claimant would not have been dismissed at all.
Facts
The claimant was dismissed by the respondent on grounds of redundancy and had already received a statutory redundancy payment. The tribunal accepted redundancy was the genuine reason for dismissal but found the procedure adopted by the respondent was unfair. The claimant had weekly gross pay of £724 and net pay of £545.18, and received a 3% employer pension contribution.
Decision
The tribunal found the dismissal was unfair and awarded compensation totaling £2,920.80. This included one week's full pay plus 50% of seven weeks' pay, reflecting a Polkey reduction based on the tribunal's finding that there was a 50% chance the claimant would not have been dismissed at all had proper procedures been followed, and that the dismissal would have been at least one week later. No basic award was made as a statutory redundancy payment had already been received.
Practical note
Even where redundancy is a genuine reason for dismissal, procedural unfairness can lead to substantial compensation, but a Polkey reduction will apply where there is a significant chance the employee would have been dismissed anyway.
Award breakdown
Adjustments
50% chance that the Claimant would not have been dismissed at all had the respondent acted fairly. Effective date of termination would have been at least a week later.
Case details
- Case number
- 1303089/2024
- Decision date
- 2 July 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- telecoms
- Represented
- Yes
- Rep type
- in house
Employment details
Claimant representation
- Represented
- No