J Sparks v 40TUDE Ltd (Formerly J&M Insurances Services (UK) Ltd) (England and Wales : Redundancy) -[2022] UKET 3201352/2020- (15 September 2022)

BAILII

Automated Summary

Key Facts

The Employment Tribunal found that Jimmy Sparks was unfairly dismissed by 40TUDE Ltd (formerly J&M Insurances Services (UK) Ltd) under the Employment Rights Act 1996. The claim for statutory redundancy payment was dismissed upon withdrawal, but the unfair dismissal claim succeeded, resulting in a compensation award of £8,079.20 reduced by 20% (Polkey deduction).

Issues

The court determined the Claimant was unfairly dismissed under the Employment Rights Act 1996, resulting in a compensatory award of £8,079.20 after a 20% Polkey deduction.

Holdings

  • The Claimant's statutory redundancy payment claim was dismissed following voluntary withdrawal by the Claimant.
  • The Claimant's unfair dismissal claim under sections 95, 98, and 111 of the Employment Rights Act 1996 succeeded. The Respondent was ordered to pay £8,079.20 compensation after a 20% Polkey deduction for the likelihood of fair dismissal.
  • The Respondent's company name was amended from J&M Insurance Services (UK) Ltd to 40TUDE Ltd following a corporate name change.

Remedies

Compensation of £8,079.20 awarded for unfair dismissal, including £7,279.20 prescribed loss and £800 non-prescribed loss with a 20% Polkey deduction.

Monetary Damages

8079.20

Legal Principles

The court applied the Polkey principle, which permits a reduction in unfair dismissal compensation where the employer would have dismissed the employee fairly regardless of the initial dismissal. The compensatory award was reduced by 20% to £8,079.20 to reflect this.

Precedent Name

Polkey

Cited Statute

Employment Rights Act 1996

Judge Name

Sugarman

Passage Text

  • The Claimant's compensatory award is reduced by 20% to reflect the likelihood that the Claimant would have been fairly dismissed in any event (the 'Polkey' deduction).
  • The Claimant's claim of unfair dismissal pursuant to ss95, 98 and 111 of the Employment Rights Act 1996 succeeds. The Claimant was unfairly dismissed.
  • The Respondent is ordered to pay the Claimant the sum of £8,079.20 as compensation for unfair dismissal.