Case 1807905/2023 · Employment Tribunal
Mr A Brompton v Openreach Ltd HELD at Sheffield ET by CVP — 2024
- Case reference
- 1807905/2023
- Decision date
- 1 October 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Brain REPRESENTATION
Parties
2 namedClaimant
Mr A Brompton
Key findings
Tribunal's reasoningThe tribunal held that Mr A Brompton was unfairly dismissed by Openreach Ltd. It recorded that remedy would be determined at a subsequent hearing, but it also decided that it was not just and equitable to reduce any basic award because of the claimant’s conduct before he was served with notice of dismissal.
The tribunal further held that there should be no reduction to any compensatory award to reflect the chance that the claimant would still have been dismissed even if a fair procedure had been followed, applying the principles in Polkey v A E Dayton Services Limited [1987] IRLR 503 HL. It also held that it was not just and equitable to reduce any compensatory award by reason of the claimant’s conduct.
On the holiday pay issue, the tribunal declared that the claimant had no contractual entitlement to carry forward unused annual leave from the holiday year 1 April 2022 to 31 March 2023 into the following holiday year. It also declared that the claimant did have a statutory right to carry forward that unused annual leave under Regulation 13 of the Working Time Regulations 1998, and said that any remedy on that issue would be determined at a later hearing.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found that the claimant was unfairly dismissed. Remedy was left for a later hearing, but the tribunal held there should be no reduction to the basic award for conduct before notice of dismissal, no Polkey reduction to the compensatory award, and no reduction to the compensatory award for conduct. | Upheld | — | — |
| Holiday pay | In the holiday pay claim, the tribunal declared that the claimant had no contractual entitlement to carry forward unused annual leave from the holiday year 1 April 2022 to 31 March 2023 into the following holiday year, but that he did have a statutory right to carry forward that unused annual leave under Regulation 13 of the Working Time Regulations 1998. Remedy was deferred. | Other | — | — |
Legal tests applied
2 references- Polkey v A E Dayton Services Limited [1987] IRLR 503 HL
- Regulation 13 of the Working Time Regulations 1998
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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