Case 2502345/2023 · Employment Tribunal
Mr R Labuschagne v AKA Sadler Brown Ltd HELD AT: Newcastle by CVP — 2024
- Case reference
- 2502345/2023
- Decision date
- 28 February 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Moss REPRESENTATION
Parties
2 namedClaimant
Mr R Labuschagne
Key findings
Tribunal's reasoningThe tribunal held that the claimant's claim for unfair dismissal was well founded and upheld it on the basis that the respondent followed a flawed procedure.
The tribunal stated that a 50% reduction in the compensatory award would be made in accordance with the principles in Polkey v AE Dayton Services Ltd 1988 ICR 142. It also stated that, unless either party requested a further hearing within 28 days of the judgment being sent to the parties, remedy would be treated as resolved by agreement.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claim was upheld on the basis of a flawed procedure. The judgment states that a 50% Polkey reduction shall be made to the compensatory award, but gives no monetary remedy figures and says remedy shall be treated as resolved by agreement unless either party requests a further hearing within 28 days. | Upheld | — | — |
Legal tests applied
1 reference- Polkey v AE Dayton Services Ltd 1988 ICR 142
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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