Mrs Jacqueline Hadley v Richard Turner t/a Aircare Compressor Services — 2025

Employment Judge Walker, sitting alone in Birmingham, found that the claimant - employed by Mr Richard Turner trading as Aircare Compressor Services from 1 January 1995 until dismissal on 25 October 2024 - was unfairly dismissed. The unfairness lay in significant procedural failings, although the substantive reason for dismissal (conduct) was not disputed.

Applying Polkey, the tribunal held there was a 50% chance the claimant would have been fairly dismissed in any event, and that on the facts it was not just and equitable to award any compensatory amount. The basic award was reduced by 100% on the basis of the claimant's pre-dismissal conduct, which the tribunal found included receiving sums over and above her contractual wage without authorisation, deliberately manipulating her holiday records, and paying herself additional holiday pay - conduct the tribunal characterised as dishonesty.

The wrongful dismissal claim was dismissed because the conduct (including matters discovered after dismissal) would have justified summary dismissal under the principle in Boston Deep Sea Fishing & Ice Co v Ansell. The unauthorised deductions claim for five days' accrued holiday pay was dismissed: the tribunal found the claimant had in fact taken seven days more holiday than her 2024 entitlement. The PDF was truncated at 15,000 of 122,454 characters; some of the detailed reasoning may not be fully reflected in the extracted portion.