Claimant v Oak Tree (Construction Design & Management) Limited
Outcome
Individual claims
The tribunal found the claimant was unfairly dismissed due to a procedurally unfair process. However, a Polkey reduction was applied as the tribunal found the claimant would have been fairly dismissed in any event after a proper process, which would have taken an additional two weeks.
The claimant's complaint that the respondent failed to pay notice pay was not well founded and was dismissed by the tribunal.
The claimant's complaint that the respondent made an unlawful deduction from his final pay was not well founded and was dismissed by the tribunal.
Facts
Mr Aiyegbusi was dismissed by Oak Tree (Construction Design & Management) Limited. At the time of dismissal, he had been overpaid sick pay in the amount of £481.36. He brought claims for unfair dismissal, failure to pay notice pay, and unlawful deduction from wages. The tribunal heard the case over two days in Liverpool. The claimant had already received a statutory redundancy payment.
Decision
The tribunal found the dismissal was unfair due to procedural defects but applied a 100% Polkey reduction, finding that the claimant would have been fairly dismissed anyway after a proper process taking two additional weeks. The compensatory award was calculated as two weeks' gross pay (£1,203.70) minus the sick pay overpayment of £481.36, resulting in £722.34. The claims for notice pay and unlawful deduction were dismissed.
Practical note
Even where dismissal is procedurally unfair, a tribunal can apply a 100% Polkey reduction and limit compensation to the period needed to complete a fair process, with any overpayments at dismissal properly deductible from the compensatory award.
Award breakdown
Adjustments
The tribunal found the claimant would have been fairly dismissed in any event, with the dismissal delayed by two weeks to allow a fair process to be followed. The compensatory award was limited to two weeks' pay.
Case details
- Case number
- 2401589/2024
- Decision date
- 31 January 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- lay rep
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- lay rep