4112322/2019Claimant won

Openreach Ltd

28 June 2022·Employment Tribunal·Scotland·Employment Judge B Campbell

Respondent

Openreach Ltd

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Decision date

28 June 2022

Tribunal

Employment Tribunal

Jurisdiction

Scotland

Judge

Employment Judge B Campbell

Compensation awarded

£9,991

Basic Award

£7,087

Compensatory

£2,904

Extracted from judgment text — may not capture every award component precisely.

Case Summary

The claimant was unfairly dismissed by Openreach Limited. The Employment Tribunal ordered the respondent to pay £9,991.25 as compensation.

Why this outcome?

The claimant was unfairly dismissed by the respondent, as the dismissal was not fair procedurally and/or substantively.

Claim Types

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Key Issues

  • Did the respondent have a genuine belief in the alleged misconduct?
  • If so, did the respondent have reasonable grounds for that belief?
  • If so, had it carried out reasonable investigation in coming to that belief?
  • Was the decision to dismiss within the reasonable band of responses for an employer in all of the circumstances of the case?
  • Was the dismissal otherwise fair in all of the circumstances of the case?
  • Did the claimant contribute to the dismissal through her conduct? If so, should the tribunal make reductions to the basic and compensatory award for contributory conduct and if so, what reductions?
  • If it is found that the dismissal was procedurally unfair, should the tribunal make any Polkey reductions to the compensatory award reflecting the likelihood that the claimant would have been dismissed in any event?

Original published judgment

The full source document is available from the official publication page.

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