Polkey v A E Dayton Services Ltd. and 1 other — 2026

The claimant was employed as a Security Supervisor at Aberdeen Airport and was dismissed on 3 December 2024 after progressing through the respondent's attendance management policy following a series of genuine sickness absences. The tribunal found that the principal reason for dismissal was the claimant's absences and the operation of the policy, which amounted to some other substantial reason rather than conduct. The respondent had discharged the burden of showing a potentially fair reason for dismissal.

The dismissal was nevertheless unfair. The tribunal found that Mr Chelaru wrongly treated the occupational health report as saying the claimant had no underlying health conditions, when it had only addressed the Equality Act 2010 disability test, and failed to investigate the claimant's stated possible underlying condition of reactive arthritis. He also failed to consider the actual impact of the claimant's absences on the business or colleagues, despite that being relevant to a fair review under the attendance policy and the Lynock guidance.

The appeal did not cure the unfairness. The tribunal found that Mr Pombo gave no careful thought to the claimant's grounds of appeal, did not investigate her stated underlying condition, did not examine her concern about Mr Chelaru's impartiality, and did not consider alternatives to dismissal. The appeal outcome letter did not deal with all grounds of appeal and the claimant was incorrectly told the decision was final, denying her the second appeal provided by the respondent's own policy.

No reductions were made for culpable or contributory conduct because the claimant had told the decision-makers about a possible or actual underlying condition and the failure was in how they dealt with that information. The tribunal also declined to make a Polkey reduction because it was too speculative to decide what would have happened had the respondent fairly investigated the medical position and reconvened the process. The claimant was awarded a basic award of £7,350 and a capped compensatory award of £37,779.21, including past loss of earnings, future loss of earnings, loss of statutory rights, and grossing up subject to the statutory cap.