Cases→2400500/2024

Claimant v Halewood Youth in Community Centre

22 January 2025Before Employment Judge N BuzzardLiverpoolremote video

Outcome

Claimant fails£32

Individual claims

Unfair Dismissalsucceeded

The tribunal found that the claimant was unfairly dismissed. However, the tribunal applied a Polkey deduction of 100%, finding that regardless of the unfairness in the dismissal process, the claimant would have been fairly dismissed in any event. As a result, no compensation was awarded.

Unlawful Deduction from Wageswithdrawn

The claim related to written statement of employment particulars under section 38 Employment Act 2002. The tribunal found the respondent was not in breach of its duty when proceedings began, so no award was made. The judgment does not indicate this was formally withdrawn.

Holiday Paywithdrawn

The parties reached a settlement of £32 for the holiday pay claim. The claim will stand dismissed on withdrawal provided the respondent pays the agreed sum within 28 days.

Facts

The claimant was employed by Halewood Youth in Community Centre and was dismissed. She brought claims for unfair dismissal, a claim relating to written employment particulars, and holiday pay. The parties settled the holiday pay claim for £32 during the hearing.

Decision

The tribunal found the dismissal was unfair but applied a 100% Polkey reduction, finding the claimant would have been fairly dismissed in any event. No compensation was awarded for unfair dismissal. The claim regarding written particulars failed as the respondent was not in breach when proceedings began. The holiday pay claim was settled for £32.

Practical note

A finding of unfair dismissal does not guarantee compensation where a tribunal concludes on a balance of probabilities that the employee would have been fairly dismissed anyway, warranting a 100% Polkey reduction.

Award breakdown

Holiday pay£32

Adjustments

Polkey reduction100%

The tribunal found that regardless of the unfairness in the claimant's dismissal, the claimant would have been fairly dismissed in any event, resulting in a 100% Polkey reduction and no compensation awarded.

Legal authorities cited

Statutes

Employment Act 2002 s.38

Case details

Case number
2400500/2024
Decision date
22 January 2025
Hearing type
full merits
Hearing days
3
Classification
contested

Respondent

Name
Halewood Youth in Community Centre
Sector
charity
Represented
Yes
Rep type
lay rep

Claimant representation

Represented
Yes
Rep type
lay rep
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