Claimant v Tameside and Glossop Integrated Care NHS Foundation Trust
Outcome
Individual claims
The tribunal found the dismissal was procedurally or substantively unfair. However, the tribunal applied a 100% Polkey reduction, finding the claimant would have been fairly dismissed in any event, reducing the compensatory award to nil while awarding the basic award.
The tribunal found no evidence of less favourable treatment because of the claimant's disability. The claim was dismissed as not well-founded.
The tribunal found either that the unfavourable treatment did not occur, or that it was not because of something arising in consequence of disability, or that it was a proportionate means of achieving a legitimate aim. The claim was dismissed as not well-founded.
The tribunal found that the respondent either made appropriate reasonable adjustments, or that no provision, criterion or practice put the claimant at a substantial disadvantage requiring adjustment. The claim was dismissed as not well-founded.
Withdrawn by claimant during the hearing and dismissed on withdrawal by the tribunal.
Facts
Mr Browne, a disabled employee of Tameside and Glossop Integrated Care NHS Foundation Trust, was dismissed from his employment. He brought claims of unfair dismissal and various disability discrimination claims including direct discrimination, discrimination arising from disability, failure to make reasonable adjustments, and harassment. The hearing lasted five days with both parties legally represented.
Decision
The tribunal found the dismissal was unfair but applied a 100% Polkey reduction, finding the claimant would have been fairly dismissed anyway. The compensatory award was reduced to nil, but by consent the basic award of £2,136.92 was ordered. All disability discrimination claims failed or were withdrawn.
Practical note
Even where a dismissal is found procedurally unfair, a 100% Polkey reduction can eliminate the compensatory award entirely if the tribunal is satisfied the employee would have been fairly dismissed in any event.
Award breakdown
Adjustments
100% chance that the claimant would have been fairly dismissed in any event, reducing compensatory award to nil
Case details
- Case number
- 2404690/2022
- Decision date
- 6 May 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- union