Mr M Z Kabir v John Lewis plc — 2021

Mr M Z Kabir brought claims of unfair dismissal, wrongful dismissal, and failure to pay holiday pay against John Lewis PLC. The matter was heard at East London Hearing Centre by CVP on 8 June and 12 November 2021 before Employment Judge Jones. The claimant was represented by Mr Z T Simret, Legal Executive; the respondent by Ms L Gould of counsel. The claimant had been employed since October 2002 and dismissed on 29 July 2020 (over 17 years' service). The reason for dismissal was conduct relating to text messages the claimant had sent to a colleague (Mr Ford).

The Tribunal found the unfair dismissal claim well-founded. Although the claimant's text messages were inappropriate behaviour to a Partner, the Tribunal held the respondent had treated them as an intent to harm and as threatening and intimidating without evidence, and that summary dismissal was outside the band of reasonable responses. The wrongful dismissal claim also succeeded because the conduct was not gross misconduct entitling the respondent to dismiss without notice. The holiday pay complaint was dismissed on withdrawal.

In the remedy calculation, a 10% reduction was applied to the basic award (£9,953 to £8,957.70) reflecting long service, the claimant's apology, and his attempts to speak to Mr Ford on 20 July. A 25% reduction was applied to the compensatory award (£41,425.86 to £31,069.40) because the claimant's text messages had contributed to his dismissal in a foolish and reckless way. Twelve weeks' notice pay at £597.15 = £7,165.80. The Tribunal did not consider it appropriate to make a Polkey deduction. Total award: £47,192.90.