Mr K D’Ambrosio v Rotable Repairs Limited — 2020

At the liability hearing in East London on 27 and 28 August 2020, before Employment Judge Gardiner, the tribunal held that Mr K D’Ambrosio’s claim for unfair dismissal was well founded and succeeded. The respondent was Rotable Repairs Limited. The judgment records that the tribunal considered the claimant’s case in person and the respondent’s case represented by its Accounts & HR Manager, Mrs T Gunn.

The tribunal assessed that there was a 60% chance the claimant would have been dismissed even if a fair process had been followed. It also found that the dismissal was contributed to by the claimant’s actions, and stated that any compensation due should be reduced by 50% under sections 122(2) and 123(6) of the Employment Rights Act 1996 having regard to that finding.

Remedy was not determined in this judgment. The tribunal directed that a Remedy Hearing would take place on 3 December 2020 by Cloud Video Platform, with a time estimate of one day, to determine the remedy due to the claimant, including whether any compensatory award should be adjusted under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures. It also made case management directions for updated schedules of loss, witness statements, and documents to be exchanged before that hearing.