Claimant v DPD Group UK Limited
Outcome
Individual claims
The tribunal found the dismissal was procedurally unfair. However, applying the Polkey principle, the tribunal determined that had the respondent acted fairly and followed proper procedures, it could and would have dismissed the claimant on the same date. The claimant's conduct also contributed to the dismissal, warranting a 50% reduction in the basic award.
Facts
The claimant, Mr Fazl Samuel, was employed by DPD Group UK Limited for 2 years earning £457.60 per week. He was 47 years old at the date of dismissal. The respondent dismissed the claimant, and the claimant brought a claim for unfair dismissal. The case was heard over three days by video hearing.
Decision
The tribunal found the dismissal was procedurally unfair and the claim succeeded. However, the tribunal applied a 100% Polkey reduction to the compensatory award, finding the respondent would have dismissed fairly on the same date. The basic award was reduced by 50% for contributory conduct. The total award was £686.40.
Practical note
Even where a dismissal is found to be procedurally unfair, a 100% Polkey reduction combined with contributory conduct deductions can result in a minimal award where the tribunal finds a fair dismissal would have occurred anyway and the employee contributed to the situation.
Award breakdown
Adjustments
Tribunal found that had the respondent acted fairly it could and would have dismissed the claimant on the same date on which the dismissal took place, resulting in zero compensatory award
Basic award reduced by 50% under Section 122 ERA 1996 due to the claimant's conduct
Legal authorities cited
Statutes
Case details
- Case number
- 3201541/2024
- Decision date
- 27 June 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No