Claimant v 1066 Capital Ltd t/a Crystal Press
Outcome
Individual claims
The tribunal found the complaint of breach of contract in relation to notice pay well-founded. The respondent failed to pay the claimant the contractual notice pay of £3,703.91 to which he was entitled upon termination.
The respondent failed to pay employer pension contributions totaling £69.37 in both April and May 2024, and failed to remit the employee pension contribution of £115.62 in April 2024 despite deducting this from the claimant's salary. Total pension contribution owed was £254.36.
Under section 163 Employment Rights Act 1996, the tribunal determined the claimant was entitled to a statutory redundancy payment of £9,804.45 following his redundancy dismissal on closure of his place of work.
The complaint of unfair dismissal was well-founded. The claimant was unfairly dismissed on 30 May 2024. However, a 100% Polkey reduction was applied as the parties had agreed a voluntary redundancy on closure of the workplace to take place on 6 June 2024, one week later, meaning the claimant would have been fairly dismissed in any event.
The respondent failed to provide written itemised pay statements as required by section 8 Employment Rights Act 1996 for April, May and June 2024. A declaration was made to that effect.
Facts
The claimant was dismissed on 30 May 2024 when his place of work closed. The parties had previously agreed a voluntary redundancy to take effect on 6 June 2024, one week later. The respondent failed to pay notice pay, failed to remit pension contributions despite deducting them from salary, failed to pay employer pension contributions, and failed to provide itemised pay statements for April, May and June 2024. The respondent did not attend the hearing.
Decision
The tribunal found the dismissal unfair but applied a 100% Polkey reduction as the claimant would have been fairly dismissed one week later under the agreed voluntary redundancy. The tribunal awarded notice pay, redundancy pay, unpaid pension contributions, and £100 for loss of statutory rights for the one-week period, totaling £13,862.72 gross.
Practical note
Even where a dismissal is technically unfair, a 100% Polkey reduction may eliminate compensatory award where the claimant would inevitably have been fairly dismissed shortly afterwards, though basic awards and contractual payments remain payable.
Award breakdown
Adjustments
100% chance that the claimant would have been fairly dismissed in any event one week later as the parties had agreed a voluntary redundancy on the closure of the claimant's place of work, to take place on 6 June 2024
Legal authorities cited
Statutes
Case details
- Case number
- 6012193/2024
- Decision date
- 10 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- media
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- barrister