Claimant v Central Management Catalogue Agency (UK) Limited
Outcome
Individual claims
The tribunal found the dismissal was procedurally unfair. However, applying a Polkey reduction, the tribunal determined there was a 100% chance the claimant would have been fairly dismissed in any event, meaning the dismissal was substantively fair but procedurally flawed.
Facts
Mr Buck was dismissed by Central Management Catalogue Agency (UK) Limited in circumstances where he also received a redundancy payment. The claimant brought a claim for unfair dismissal. The case was heard over two days in Birmingham with the claimant representing himself and the respondent represented by counsel.
Decision
The tribunal found the dismissal was unfair, likely on procedural grounds. However, applying the Polkey principle, the tribunal concluded there was a 100% chance the claimant would have been fairly dismissed in any event. As the claimant had already received a redundancy payment, no basic award was payable, and no compensatory award was made due to the 100% Polkey reduction.
Practical note
Even where a dismissal is found to be unfair, a 100% Polkey reduction can result in zero compensation if the tribunal is satisfied the employee would inevitably have been fairly dismissed regardless of the procedural defects.
Adjustments
100% chance that the claimant would have been fairly dismissed in any event
Legal authorities cited
Case details
- Case number
- 1306511/2024
- Decision date
- 28 March 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No