Claimant v Whiteley Village Veterinary Centre Limited
Outcome
Individual claims
The tribunal found that the claimant's dismissal was not because of something arising in consequence of her disability. The respondent's treatment was not discriminatory under section 15 of the Equality Act 2010.
The tribunal found that the claimant was procedurally unfairly dismissed by the respondent. However, applying the Polkey principle, a fair dismissal would have occurred in any event, meaning no compensatory award was due.
Facts
The claimant was employed by Whiteley Village Veterinary Centre Limited. She brought claims for discrimination arising from disability and unfair dismissal. The tribunal heard evidence over three days at Southampton.
Decision
The tribunal dismissed the discrimination claim, finding no section 15 discrimination. The unfair dismissal claim succeeded on procedural grounds, but with a 100% Polkey reduction, the claimant received only the basic award of £4,480 (7 weeks at £640 per week) and no compensatory award.
Practical note
A procedurally unfair dismissal can result in minimal compensation where the tribunal finds that a fair dismissal would have occurred in any event, justifying a 100% Polkey reduction.
Award breakdown
Adjustments
100% Polkey reduction applied - tribunal found that a fair dismissal would have happened in any event, eliminating compensatory award entirely
Legal authorities cited
Statutes
Case details
- Case number
- 1406255/2023
- Decision date
- 30 April 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- barrister