Case 2601892/2018 · Employment Tribunal
Mrs H M Walkinshaw v Brookes Jordan Ltd — 2020
- Case reference
- 2601892/2018
- Decision date
- 5 March 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ahmed
- Venue
- Leicester
Parties
2 namedClaimant
Mrs H M Walkinshaw
Respondent
Key findings
Tribunal's reasoningThe Employment Tribunal, sitting alone before Employment Judge Ahmed at Leicester on 24 and 25 February 2020, held that Mrs H M Walkinshaw had been dismissed in breach of contract and had also been unfairly dismissed. The judgment does not set out separate reasons beyond those recorded in the formal decision, but it does identify both claims as successful.
In relation to remedy, the tribunal applied a Polkey reduction, recording that there was a 75% chance of the Claimant being dismissed fairly in any event. The compensatory award was therefore reduced by 75%.
The issue of remedy was agreed, and the Respondent was ordered to pay compensation for unfair dismissal and damages for breach of contract in the net sum of £7,270.25. The tribunal also recorded that the Recoupment Regulations do not apply.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The tribunal held that the Claimant was dismissed in breach of contract. The written judgment records a combined agreed payment for unfair dismissal compensation and breach of contract damages, but does not split the figure between the two claims. | Upheld | — | — |
| Unfair dismissal | The tribunal found the dismissal was unfair, but applied a Polkey reduction on the basis that there was a 75% chance the Claimant would have been dismissed fairly in any event. The written judgment records a combined agreed payment for unfair dismissal compensation and breach of contract damages, but does not split the figure between the two claims. | Upheld | — | — |
Remedy
Monetary award- Total award
- £7,270
- across all upheld claims
- Compensatory award
- £7,270
- compensatory remedy recorded
Legal tests applied
1 reference- Polkey v A E Dayton Services Limited [1987] IRLR 503
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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