Claimant v Carleton Lord Carpets Ltd
Outcome
Individual claims
The tribunal found the claimant was unfairly dismissed by the respondent. A basic award of £7,775.46 was ordered. However, no compensatory award was made due to the application of the Polkey principle, indicating the dismissal would have occurred fairly in any event.
The tribunal found the claimant was dismissed in breach of contract in respect of notice. The respondent was ordered to pay damages of £5,488.56 representing the notice period the claimant should have received.
The tribunal found the respondent had failed to pay the claimant's holiday entitlement upon termination. The respondent was ordered to pay £759.25 representing unpaid accrued holiday.
The tribunal found that when proceedings began, the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars under s.1 Employment Rights Act 1996. Damages of £1,829.52 (equivalent to two weeks' pay) were awarded.
Facts
Mr May was employed by Carleton Lord Carpets Ltd until his dismissal on 31 May 2024. The respondent failed to appear at the tribunal hearing conducted by CVP. The tribunal proceeded under Rule 22 of the Employment Tribunal Procedure Rules 2024. The claimant had not received proper notice, had not been paid accrued holiday entitlement, and had not been provided with written statement of employment particulars as required by statute.
Decision
The tribunal found in favour of the claimant on all claims brought. The claimant was awarded a basic award for unfair dismissal, notice pay, holiday pay, and damages for failure to provide written particulars, totalling £15,852.79. However, no compensatory award was made due to a 100% Polkey reduction, as the dismissal would have occurred fairly in any event.
Practical note
Even where unfair dismissal is established, a 100% Polkey reduction can eliminate any compensatory award if the tribunal concludes the dismissal would have occurred fairly regardless of the procedural defects.
Award breakdown
Adjustments
No compensatory award made due to application of Polkey principle, indicating dismissal would have occurred fairly in any event
Legal authorities cited
Statutes
Case details
- Case number
- 1402120/2024
- Decision date
- 7 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No