Claimant v GP Strategies Training Limited
Outcome
Individual claims
The tribunal found the dismissal to be unfair. However, a 100% Polkey reduction was applied as the tribunal concluded the claimant would have been fairly dismissed in any event, 2 weeks after the actual dismissal date.
The claimant's complaints under the Working Time Regulations 1998 and/or Part II of the Employment Rights Act 1996 for compensation for the loss of accrued untaken holidays in previous holiday years were dismissed by the tribunal.
The age discrimination complaint was withdrawn by the claimant and subsequently dismissed by the tribunal.
Facts
Mr D. Martin brought claims against GP Strategies Training Limited for unfair dismissal, holiday pay, and age discrimination. The tribunal heard the matter over one day with both parties represented by counsel. The judgment indicates a procedurally unfair dismissal occurred, though the claimant would have been fairly dismissed shortly afterwards.
Decision
The tribunal found the dismissal was unfair but applied a 100% Polkey reduction as the claimant would have been fairly dismissed 2 weeks later in any event. The holiday pay claim for accrued untaken holidays in previous years failed. The age discrimination claim was withdrawn and dismissed.
Practical note
Even where a dismissal is found to be unfair, a 100% Polkey reduction can result in zero compensation if the tribunal concludes a fair dismissal would have inevitably occurred shortly after the actual dismissal date.
Adjustments
100% chance that the claimant would have been fairly dismissed in any event, 2 weeks after the actual dismissal date
Legal authorities cited
Statutes
Case details
- Case number
- 2407739/2023
- Decision date
- 11 April 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister