Case 1307499/2019 · Employment Tribunal
Mr D Wheatley v Union Fasteners Limited — 2020
- Case reference
- 1307499/2019
- Decision date
- 13 October 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Flood
- Venue
- Birmingham
Parties
2 namedClaimant
Mr D Wheatley
Respondent
Key findings
Tribunal's reasoningMr D Wheatley’s complaint of unfair dismissal succeeded against Union Fasteners Limited. Employment Judge Flood found that, applying the Polkey principle, there was a 50% chance the claimant would have been fairly dismissed even if a fair procedure had been followed. The tribunal also found that the claimant contributed to his dismissal by his conduct and reduced both the basic award and the compensatory award by 50% on that basis.
The tribunal further found that the respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary Procedures. On that basis, the compensatory award was increased by 15% under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal ordered payment of a basic award of £2,160 and a compensatory award of £1,368.78, making total compensation of £3,528.78.
The claimant’s breach of contract complaint was dismissed. The hearing was before Employment Judge Flood sitting alone at Birmingham on 12 and 13 October 2020.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held the unfair dismissal complaint succeeded. It applied Polkey and found a 50% chance the claimant would have been fairly dismissed if a fair procedure had been followed, reduced both the basic and compensatory awards by 50% for contributory conduct, and increased the compensatory award by 15% for unreasonable non-compliance with the ACAS Code of Practice on Disciplinary Procedures under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992. | Upheld | — | £3,529 |
| Breach of contract | The breach of contract complaint failed and was dismissed. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £3,529
- across all upheld claims
- Basic award
- £2,160
- statutory, unfair dismissal
- Compensatory award
- £1,369
- compensatory remedy recorded
Legal tests applied
3 references- Polkey principle
- ACAS Code of Practice on Disciplinary Procedures
- section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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