Claimant v Conquest Care Homes (Peterborough) Limited
Outcome
Individual claims
The Tribunal found that the Claimant was unfairly dismissed by the Respondent. However, the Tribunal determined using Polkey principles that there was a 60% chance the Claimant would have been fairly dismissed by 20 April 2023 in any event.
The Tribunal found the Claimant's complaints of discrimination because of the protected characteristic of disability were not well founded and dismissed them.
Facts
Mrs Kilby worked for Conquest Care Homes (Peterborough) Limited and was dismissed. She brought claims of unfair dismissal and disability discrimination. The case proceeded to a four-day full merits hearing before a full tribunal panel.
Decision
The Tribunal found the dismissal was procedurally unfair and the Claimant succeeded in her unfair dismissal claim. However, all disability discrimination claims failed. The Tribunal applied a 60% Polkey reduction, finding the Claimant would likely have been fairly dismissed by 20 April 2023, and made a 60% reduction to the basic award for contributory conduct.
Practical note
Even where dismissal is procedurally unfair, substantial Polkey and contributory fault reductions can significantly reduce compensation where the employee's conduct would likely have led to fair dismissal.
Adjustments
60% chance that the Claimant would have been dismissed by the Respondent in any event by 20 April 2023
60% reduction to the basic award to reflect the conduct of the Claimant before notice of termination of employment was issued to her
Legal authorities cited
Statutes
Case details
- Case number
- 3310633/2023
- Decision date
- 26 March 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- solicitor