In person v The Claimant’s dismissal was procedurally unfair. and 3 others — 2026

The Employment Judge found the Claimant's dismissal to be procedurally unfair. The Respondent had relied on a breakdown of mutual trust and confidence as some other substantial reason for dismissal following the Claimant's concerns about how her wages were calculated. The judge held that, even if a fair investigation and procedure had been followed, the Claimant would most likely still have been dismissed, and accordingly compensation should be made for a period of 4 weeks with an 80% reduction thereafter to reflect the slight chance that dismissal might not have resulted.

The judge further found that the Claimant's conduct contributed to her dismissal to the extent of 50%, but concluded it would not be just and equitable, in light of the Polkey finding, to make any further reduction to the compensatory award on contributory conduct grounds. The judge observed that the Respondent's time-recording and pay-calculation arrangements lacked transparency and would have created uncertainties for staff, noting that responsibility for clear and transparent wage calculation rests with the employer.

On the wages, holiday pay and breach of contract claims, the tribunal made no findings as to amounts owed because neither party addressed the tribunal on the specific figures or basis of calculation. The Claimant was directed to send a detailed schedule of loss within 21 days, with a counter-schedule from the Respondent, and any unresolved financial issues to be dealt with at a 3-hour remedy hearing.