Mr R Clemente v MSA Manufacturing Ltd — 2021

The tribunal found that Mr R Clemente had been unfairly dismissed by reference to procedural unfairness. The decision was given after the hearing at Bristol by CVP on 19, 20 and 21 April 2021, and the written judgment was sent to the parties on 29 April 2021.

The tribunal declined to make an order for reinstatement or re-engagement. It said that, in light of the findings on contributory conduct, such an order was not practicable.

On remedy, the tribunal applied a Polkey analysis and found there was a 100% chance that the claimant would have been dismissed even if the procedural unfairness had not occurred. It therefore stated that the claimant was entitled only to one week’s pay as compensation for the additional time he would have remained employed to remedy the procedural defect.

The tribunal also found that the claimant had caused or contributed to his dismissal by blameworthy conduct. Under s.123(6) and s.122(2), it reduced both the compensatory award and the basic award by 100%. It noted failures to comply with provisions of the ACAS Code which would have led to a 10% uplift in any compensation awarded, but because the awards were reduced to nil, no compensation was payable.