Mr A. Urbonas v Fruehauf Limited — 2024

The tribunal, sitting as Employment Judge Rachel Broughton alone at Midlands East, heard the claims on 11, 12 and 30 September 2024. The claim of wrongful dismissal was found not well founded and was dismissed. The claim of unfair dismissal under sections 94 and 98 of the Employment Rights Act 1996 was found well founded and succeeded.

The respondent was ordered to pay the claimant a basic award of £9,582.30 and a compensatory award of £1,698.70. The basic award of £10,647 was reduced by 10% for contributory fault. The compensatory award was built from five weeks' loss of earnings at £453 net per week, a further four weeks at the £52 net weekly differential against the claimant's new employment (based on an average of four payslips showing £401 net per week), and nine weeks of employer pension contributions averaging £19 per week, together with £500 for loss of statutory rights.

The tribunal then applied a 50% Polkey reduction to the compensatory element (including loss of statutory rights), followed by a 20% ACAS uplift, and a further 10% reduction for contributory fault. The recoupment provisions were stated not to apply. The written judgment records that reasons were given orally at the hearing and that written reasons would not be provided unless requested within 14 days.