Claimant v Amazon UK Services Limited
Outcome
Individual claims
The tribunal found the dismissal was unfair. A 20% Polkey reduction was applied indicating the tribunal accepted there was some procedural unfairness but also considered there was a chance a fair procedure would have resulted in dismissal. A 30% contributory fault reduction was also applied, indicating the claimant's conduct contributed to some extent to the dismissal.
The tribunal found the dismissal was wrongful, indicating the respondent dismissed the claimant without proper notice or committed a fundamental breach of contract in the manner of dismissal.
Facts
Mr H Mohammed was employed by Amazon UK Services Limited and was dismissed. The tribunal heard evidence over two days by video. The judgment appears to be a liability and remedy decision following a full merits hearing. The claimant was represented by a trade union representative and the respondent by counsel.
Decision
The tribunal found both the unfair dismissal and wrongful dismissal claims succeeded. However, significant reductions were applied: a 20% Polkey reduction reflecting the chance a fair procedure would have resulted in dismissal, and a 30% contributory fault reduction to both awards reflecting the claimant's conduct contributed to the dismissal.
Practical note
Even where dismissal is found to be both unfair and wrongful, substantial reductions for Polkey and contributory fault can significantly reduce compensation where there are procedural failures but the employee's conduct was a contributing factor.
Adjustments
20% reduction applied to compensatory award indicating tribunal found there was a chance a fair procedure would have resulted in dismissal
30% reduction applied to both basic and compensatory awards under sections 122(2) and 123(6) ERA 1996 for the claimant's conduct contributing to the dismissal
Legal authorities cited
Statutes
Case details
- Case number
- 3201458/2024
- Decision date
- 12 March 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- union