Claimant v Secretary of State for Justice
Outcome
Individual claims
The tribunal found the dismissal was procedurally or substantively unfair. The claimant succeeded in her claim that the respondent acted unreasonably in treating the reason as sufficient grounds for dismissal or failed to follow a fair procedure.
The tribunal found the respondent failed to pay the claimant her full contractual notice period of 12 weeks, awarding £4,483.44 in notice pay.
Facts
Kelly Susan Thurman was employed by the Secretary of State for Justice and was dismissed. She brought claims for unfair dismissal and breach of contract in relation to notice pay. The tribunal heard evidence over two days in February 2025 with judgment delivered in April 2025. Both parties were represented by counsel.
Decision
The tribunal found the dismissal was unfair but applied a 50% Polkey reduction, finding there was a 50% chance the claimant would have been fairly dismissed anyway. The breach of contract claim for notice pay also succeeded. After deducting mitigation losses and applying the Polkey reduction, total compensation was £14,732.96.
Practical note
Even where a dismissal is found to be unfair, a substantial Polkey reduction can significantly reduce the compensation award where there is evidence the employee would likely have been dismissed fairly in any event.
Award breakdown
Adjustments
There is a 50% chance that the claimant would have been fairly dismissed in any event
Legal authorities cited
Case details
- Case number
- 1601153/2024
- Decision date
- 28 April 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- barrister