Claimant v Kaliber Marketing (Holdings) Ltd — 2018

Mr K Molek brought claims against Kaliber Marketing (Holdings) Ltd for unfair dismissal and breach of contract. Employment Judge Warren found that he was unfairly dismissed and that the respondent was in breach of contract for failing to pay notice pay. The tribunal also found that there was a 50% chance the claimant would have been dismissed fairly even if a fair procedure had been followed, and that he contributed to his dismissal to the extent of 25%.

At remedy, the tribunal recorded that the claimant was born on 8 April 1967, started employment on 21 July 2009, and had an effective date of termination of 5 January 2018. It found that he had eight years' continuous service, that his net weekly pay was £340 and his gross weekly pay was £403, and that he was entitled to eight weeks' statutory notice. It also recorded that he had failed to find work in the UK, had returned to Poland, and had not sought work after 24 August 2018, which was therefore used as the cut-off date for loss of earnings.

The basic award was calculated at £4,836 and reduced by 25% for contributory fault to £3,627.00. The notice-pay award was calculated as eight weeks' net pay of £2,720 plus a 25% increase for failure to follow statutory procedures, giving £3,400. The compensatory award included immediate loss of net earnings of £8,160, loss of statutory rights of £806, and pension loss of £93.12, producing £9,059.12 before adjustments. After a 50% Polkey reduction, a 25% uplift for failure to follow statutory procedure, and a 25% reduction for contributory fault, the final compensatory award was £4,529.56, and the total award was £11,556.56.