Mr. A. Plummer v Blanc Aero Industries UK Limited Held At: Birmingham — 2025

The Claimant, a production operative of approximately 15 years' service, was dismissed for gross misconduct on 2 August 2023 following allegations of bullying and offensive comments on the factory floor. The Tribunal found the dismissal was unfair because the Respondent did not conduct a fair procedure or investigation, and the claim for unfair dismissal was well founded.

Applying Polkey, the Tribunal found that had a fair procedure been followed the Claimant would have been dismissed by no later than the same date in any event, given the nature of the conduct established (which the Tribunal characterised as acts of unlawful harassment under the Equality Act 2010). The compensatory award was therefore reduced by 100% to zero. The Tribunal further found the Claimant's conduct was blameworthy and reduced the basic award by 80% on a just and equitable basis under s.122(2) ERA 1996.

The basic award was calculated at £13,824.50 based on 15 years' service and the statutory weekly cap of £643. After the 80% contributory conduct deduction the Claimant was awarded £2,764.90. A declaration of unfair dismissal was made.