3310770/2024Claimant won

DHL Services Ltd

v Mr M Nutt

26 February 2026·Employment Tribunal·England & Wales·Employment Judge Findlay

Respondent

DHL Services Ltd

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Decision date

26 February 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Findlay

Case Summary

The claimant's claim of unfair dismissal is well founded and succeeds. There shall be a deduction from the compensatory award of 10% under section 123(1) of the Employment Rights Act 1996 and in accordance with the principles in Polkey v AE Dayton Services Limited 1988 ICR 142 HL.

Why this outcome?

The tribunal found that the respondent's dismissal of the claimant was unfair; the dismissal was not procedurally and substantively fair, though a 10% Polkey deduction was applied to reflect the possibility the claimant might have been dismissed anyway had a fair procedure been followed.

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Key Issues

  • unfair dismissal

Decision Text

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EMPLOYMENT TRIBUNALS Claimant: Mr M Nutt Respondent: DHL Services Limited Heard at: Reading by CVP On: 24,25 and 26 February 2026 Before: Employment Judge Findlay Representation Claimant: Ms S Chan, Barrister Respondent: Ms L Kaye, Barrister JUDGMENT 1. The claimant’s claim of unfair dismissal is well founded and succeeds. 2. There shall be a deduction from the compensatory award of 10% under section 123(1) of the Employment Rights Act 1996 and in accordance with the principles in Polkey v AE Dayton Services Limited 1988 ICR 142 HL. Approved by: Employment Judge Findlay 26/02/2026 JUDGMENT SENT TO THE PARTIES ON 10 March 2026 FOR THE TRIBUNAL OFFICE Notes Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. If written reasons are provided they will be placed online. All judgments (apart from judgments under Rule 51) and any written reasons for the judgments are published, in full, online at https://www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimants and respondents. If a Tribunal hearing has been recorded, you may request a transcript of the recording. Unless there are exceptional circumstances, you will have to pay for it. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings and accompanying Guidance, which can be found here: www.judiciary.uk/guidance-and-resources/employment-rules-and-legislation-practice-directions/

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