Claimant v Refreshment Systems Ltd
Outcome
Individual claims
The tribunal found the dismissal to be procedurally unfair. However, applying Polkey principles, the tribunal determined that even with a fair procedure, the claimant would likely have been fairly dismissed within two weeks, limiting the compensatory award accordingly.
Facts
Miss Heaton brought a claim of unfair dismissal against her former employer Refreshment Systems Ltd. The case was heard remotely by video on 16 January 2025. Both parties gave evidence with the claimant representing herself and the respondent represented by their HR Manager Ms Mallows.
Decision
The tribunal found the dismissal was procedurally unfair and the unfair dismissal claim succeeded. However, the tribunal applied Polkey principles and concluded that even with a fair procedure, the claimant would have been fairly dismissed within two weeks. The exact amount of compensation will be determined at a separate remedy hearing.
Practical note
Even where a dismissal is found to be unfair due to procedural failings, substantial Polkey reductions can severely limit compensation if the tribunal concludes a fair dismissal would have occurred anyway within a short timeframe.
Legal authorities cited
Case details
- Case number
- 6003098/2024
- Decision date
- 16 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No