Claimant v Sasa Food Ltd
Outcome
Individual claims
The tribunal found the complaint of unfair dismissal was well-founded and the claimant was unfairly dismissed. However, the tribunal applied a 10% Polkey reduction finding there was a chance of fair dismissal in any event, and found the claimant contributed to the dismissal through blameworthy conduct warranting a 35% reduction.
Facts
Mr Donnellan was employed by Sasa Food Ltd and was dismissed. The tribunal heard evidence over two days by video hearing. The claimant was represented by counsel and the respondent by a litigation consultant. The tribunal found the dismissal was procedurally or substantively unfair, but that the claimant's own conduct contributed to the situation.
Decision
The tribunal upheld the unfair dismissal claim but made significant deductions: a 10% Polkey reduction reflecting the chance of fair dismissal in any event, and a 35% contributory fault reduction to both basic and compensatory awards due to the claimant's blameworthy conduct before dismissal. The case will proceed to a remedy hearing to calculate the final award.
Practical note
Even where dismissal is unfair, substantial reductions for both Polkey and contributory conduct can significantly reduce an award when the employee's own behaviour played a material role in the dismissal.
Adjustments
10% chance that the claimant would have been fairly dismissed in any event
The claimant caused or contributed to the dismissal by blameworthy conduct and it was just and equitable to reduce both the compensatory and basic awards by 35% because of the claimant's conduct before the dismissal
Legal authorities cited
Case details
- Case number
- 6012595/2024
- Decision date
- 23 May 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- Sasa Food Ltd
- Sector
- hospitality
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- Yes
- Rep type
- barrister