Case 3200614/2020 · Employment Tribunal
Mr Andrew McCully v D. Salmon Cars Limited — 2020
- Case reference
- 3200614/2020
- Decision date
- 20 July 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Allen QC
- Venue
- East London Hearing Centre
Parties
2 namedClaimant
Mr Andrew McCully
Respondent
Key findings
Tribunal's reasoningAt a remote video hearing before Employment Judge Allen QC on 17 July 2020, Mr Andrew McCully’s claims against D. Salmon Cars Limited were determined on three issues. The claim for payment for accrued holiday entitlement upon termination of employment was dismissed upon withdrawal. The wrongful dismissal claim, pleaded as breach of contract for failure to pay notice pay, failed and was dismissed. The unfair dismissal claim succeeded.
The tribunal adjusted the unfair dismissal award by reducing the basic award by 40% for conduct under s.122(2) ERA 1996. It then applied a Polkey reduction under s.123(1) ERA 1996, with no reduction for the first two weeks and a 60% reduction to loss of earnings for a further nine months. The compensatory award was increased by a 25% ACAS uplift under s.207A TULR(C)A 1992 and then reduced by 40% for contribution under s.123(6) ERA 1996.
The respondent was ordered to pay total compensation of £5,473.09, made up of a basic award of £1,223.40 and a compensatory award of £4,249.69.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | Claim for payment for accrued holiday entitlement upon termination of employment was dismissed upon withdrawal. | Withdrawn | — | — |
| Wrongful dismissal | Wrongful dismissal claim, pleaded as breach of contract for failure to pay notice pay, failed and was dismissed. | Dismissed | — | — |
| Unfair dismissal | Claim succeeded. The tribunal ordered total compensation of £5,473.09, comprising a basic award of £1,223.40 and a compensatory award of £4,249.69. | Upheld | — | £5,473 |
Remedy
Monetary award- Total award
- £5,473
- across all upheld claims
- Basic award
- £1,223
- statutory, unfair dismissal
- Compensatory award
- £4,250
- compensatory remedy recorded
Legal tests applied
5 references- s.122(2) ERA 1996
- Polkey
- s.123(1) ERA 1996
- s.207A TULR(C)A 1992
- s.123(6) ERA 1996
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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