Case 2602749/2018 · Employment Tribunal
Mr N Cank v Pauline Edwards Transport Ltd — 2022
- Case reference
- 2602749/2018
- Decision date
- 27 May 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ahmed Members
- Panel members
- Ms L. Woodward, Mr G Edmondson
Parties
2 namedClaimant
Mr N Cank
Respondent
Key findings
Tribunal's reasoningMr N Cank brought complaints of direct disability discrimination, discrimination arising from disability, failure to comply with the duty to make reasonable adjustments, unfair dismissal, and unlawful deduction of wages against Pauline Edwards Transport Ltd. The Tribunal dismissed all three disability discrimination complaints and dismissed the unlawful deduction of wages complaint.
The Tribunal upheld the unfair dismissal complaint. It found that, applying the Polkey principle, if the Respondent had carried out a fair procedure there was a 50% chance that the Claimant would nevertheless have been fairly dismissed. On that basis, the compensatory award was to be reduced by 50%.
The written record states that remedy on unfair dismissal was agreed, but it does not set out the agreed monetary figures. The judgment was given orally and the written reasons were not provided in the record supplied.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Direct disability discrimination was dismissed. | Dismissed | Disability | — |
| Disability discrimination | Discrimination arising from disability was dismissed. | Dismissed | Disability | — |
| Disability discrimination | The complaint of a failure to comply with the duty to make reasonable adjustments was dismissed. | Dismissed | Disability | — |
| Unfair dismissal | The Tribunal found the dismissal unfair. It then applied a Polkey reduction of 50% to the compensatory award because, if a fair procedure had been followed, there was a 50% chance the claimant would still have been fairly dismissed. | Upheld | — | — |
| Unlawful deduction from wages | The complaint of an unlawful deduction of wages was dismissed. | Dismissed | — | — |
Legal tests applied
2 references- Polkey principle
- Polkey v AE Dayton Services Ltd [1987] IRLR 50
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.