Case 2301802/2020 · Employment Tribunal
Mohil Kansara v Gems of Broadway Limited — 2021
- Case reference
- 2301802/2020
- Decision date
- 15 March 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Apted Representation
- Venue
- London South
Parties
2 namedClaimant
Mohil Kansara
Respondent
Key findings
Tribunal's reasoningMohil Kansara brought an unfair dismissal claim against Gems of Broadway Limited. The hearing took place remotely by CVP on 15 March 2021 before Employment Judge Apted. The tribunal held that the claimant had been unfairly dismissed.
In assessing compensation, the tribunal applied a 75% reduction to the compensatory award under Polkey v A E Dayton Services Limited 1988 ICR 142. It also found that the claimant had contributed to his dismissal to the extent of 25%, and that reduction was applied to the basic award.
The tribunal calculated the basic award at £2,625 and reduced it by 25% to £1,968.75. It calculated the compensatory award by starting with £7,100.72 loss of earnings, £9,393.31 loss of future earnings and £400 loss of statutory rights, giving £16,903.82, then deducting £2,962.80 payment in lieu of notice to reach £13,941.02, applying the 75% Polkey reduction to reach £3,485.25, and then adding a 25% increase of £871.31 for failure to follow the ACAS Code of Practice, producing a compensatory award of £4,356.56.
The overall award ordered was £6,325.31 gross. No separate remedy was recorded for any other claim.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the claimant was unfairly dismissed. It applied a 75% Polkey reduction to the compensatory award and a 25% contributory fault reduction to the basic award. The final unfair dismissal award was £6,325.31 gross. | Upheld | — | £6,325 |
Remedy
Monetary award- Total award
- £6,325
- across all upheld claims
- Basic award
- £1,969
- statutory, unfair dismissal
- Compensatory award
- £4,357
- compensatory remedy recorded
Legal tests applied
2 references- Polkey v A E Dayton Services Limited 1988 ICR 142
- ACAS Code of Practice
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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