Case 2400194/2020 · Employment Tribunal
Mr J Pullen v Able Skip Hire Heard by CVP — 2021
- Case reference
- 2400194/2020
- Decision date
- 25 January 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Warren
Parties
2 namedClaimant
Mr J Pullen
Respondent
Key findings
Tribunal's reasoningEmployment Judge Warren, sitting alone, found that Mr J Pullen was dismissed for misconduct, which was a fair reason, but that the dismissal procedure was unfair. The unfair dismissal claim therefore succeeded, but the tribunal applied Polkey v A E Dayton Services Ltd and found there was a 100% chance the claimant would have been dismissed in any event, so no award was made for unfair dismissal.
The tribunal also upheld a breach of contract claim. It found that the claimant was entitled to four weeks' net notice pay on dismissal and had been underpaid by £403.75, which the respondent was ordered to pay. In a separate finding, the tribunal held that the claimant was entitled to untaken unpaid annual leave on dismissal and that the respondent had underpaid him by £6.90, which was also ordered to be paid.
A separate interest notice accompanied the judgment, stating that sums payable under the award would carry interest if unpaid after the relevant calculation day, but no quantified interest figure was set out in the judgment text.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The tribunal found the claimant was entitled to four weeks' net notice pay on dismissal and was underpaid by £403.75. | Upheld | — | £404 |
| Holiday pay | The judgment describes this as untaken unpaid annual leave due on dismissal, underpaid by £6.90. | Upheld | — | £7 |
| Unfair dismissal | The tribunal found dismissal for misconduct was procedurally unfair, but applied Polkey and concluded there was a 100% chance the claimant would have been dismissed in any event, so no award was made. | Upheld | — | — |
Remedy
Monetary award- Total award
- £411
- across all upheld claims
Legal tests applied
1 reference- Polkey v A E Dayton Services Ltd [1987] IRLR 503 HL
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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