Case 4106874/2020 · Employment Tribunal
Mr D Aubertin v WHsmith Retail Holdings Ltd — 2021
- Case reference
- 4106874/2020
- Decision date
- 14 May 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge P Smith
Parties
2 namedClaimant
Mr D Aubertin
Respondent
Key findings
Tribunal's reasoningMr D Aubertin’s claim of unfair dismissal succeeded against WHSmith Retail Holdings Limited. The judgment states that the claim was well-founded, but it gives no written reasons because reasons had been given orally at the hearing and no further written reasons were requested within the time allowed.
The remedy section in the judgment records that the basic award was reduced by 100% to reflect the claimant’s culpable conduct prior to dismissal. It also records that the compensatory award was reduced by 100% for contributory conduct and then reduced by a further 100% on the basis that there was a chance the claimant would have been dismissed in any event under Polkey. The extracted text does not set out any final monetary sum.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The extracted text records that the unfair dismissal claim succeeded, but it also states that the basic award was reduced by 100% for culpable conduct and the compensatory award was reduced by 100% for contributory conduct and again by 100% under Polkey. No monetary award figure is stated in the extracted text. | Upheld | — | — |
Legal tests applied
1 reference- Polkey
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.