Case 1803038/2021 · Employment Tribunal
Mr S Hayat Khan v Debar Ltd — 2021
- Case reference
- 1803038/2021
- Decision date
- 29 November 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge McAvoy Newns
Parties
2 namedClaimant
Mr S Hayat Khan
Respondent
Key findings
Tribunal's reasoningThe tribunal found that Mr S Hayat Khan’s claim for unfair dismissal was well-founded and succeeded. It recorded that no reduction was made under the Polkey principle. The unfair dismissal award comprised a basic award of £3,264 and a compensatory award of £16,190.10.
The tribunal also applied the recoupment provisions to the unfair dismissal compensation. It identified a prescribed element of £13,321.51 for the prescribed period 9 April 2021 to 12 November 2021, and stated that the excess of the total award over the prescribed element was £6,132.59. The judgment states that the total award for the unfair dismissal component was £19,454.10.
In addition, the tribunal found the claim for breach of contract in respect of unpaid notice pay well-founded and awarded £987.09. The judgment states that this sum was payable in addition to the sums already set out. It also records that all sums are gross and that the claimant is responsible for any income tax and/or national insurance contributions due on them.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the unfair dismissal claim well-founded and recorded that no Polkey reduction was made. The award for this claim comprised a basic award of £3,264 and a compensatory award of £16,190.10, with recoupment provisions applying to the compensation. | Upheld | — | £19,454 |
| Breach of contract | The breach of contract claim was in respect of unpaid notice pay. The tribunal awarded £987.09 gross in addition to the unfair dismissal award. | Upheld | — | £987 |
Remedy
Monetary award- Total award
- £20,441
- across all upheld claims
- Basic award
- £3,264
- statutory, unfair dismissal
- Compensatory award
- £16,190
- compensatory remedy recorded
Legal tests applied
1 reference- Polkey v AE Dayton Services Limited [1987] UKHL 8
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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