Jimmy Sparks Respondent 40TUDE Ltd (Formerly J&M Insurances Services (UK) Ltd v Respondent — 2022

The tribunal amended the respondent’s name to 40TUDE Ltd, following the company’s change of name from J&M Insurance Services (UK) Ltd. It then dealt with two claims: the claim for a statutory redundancy payment and the unfair dismissal claim. The redundancy payment claim was dismissed upon withdrawal.

The unfair dismissal claim succeeded. The judgment records that the claimant was unfairly dismissed pursuant to ss95, 98 and 111 of the Employment Rights Act 1996. The tribunal then applied a 20% Polkey deduction to the compensatory award to reflect the likelihood that the claimant would have been fairly dismissed in any event.

The respondent was ordered to pay £8,079.20 as compensation for unfair dismissal. The breakdown shows a basic award of £0, a past loss of earnings figure of £9,099 reduced by the 20% Polkey deduction to £7,279.20, and non-prescribed loss of £800 after deducting 20% from the claimed £1,000 for loss of statutory rights and job-search expenses. The recoupment regulations were said to apply, with a prescribed element of £7,279.20 and the excess over that element of £800.