Claimant v Telent Technology Services Limited
Outcome
Individual claims
The tribunal found the dismissal was procedurally and/or substantively unfair. However, the tribunal applied a 60% Polkey reduction, indicating that while the dismissal was unfair, there was a significant chance the claimant would have been fairly dismissed following a proper procedure.
Facts
The claimant was dismissed by Telent Technology Services Limited on 16 February 2024. The claimant brought an unfair dismissal claim. The hearing took place remotely over two days in February 2025. The claimant was represented by his father as a lay representative, while the respondent was represented by counsel.
Decision
The tribunal found the dismissal was unfair. However, it applied a substantial 60% Polkey reduction, finding there was a 60% chance the claimant would have been fairly dismissed anyway if a proper procedure had been followed. The compensatory award after adjustments was £5,126.57, with recoupment provisions applying.
Practical note
Even where a dismissal is found to be unfair, tribunals can significantly reduce compensation through Polkey reductions where the evidence shows a high probability that a fair dismissal would have occurred following proper procedure.
Award breakdown
Adjustments
60% chance that the claimant would have been fairly dismissed in any event
Legal authorities cited
Statutes
Case details
- Case number
- 1304267/2024
- Decision date
- 17 March 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- technology
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep