Santander UK plc

Case No. 2403091/2022 EMPLOYMENT TRIBUNALS Claimant: Mr B Johnson Respondent: Santander UK PLC HELD AT: Liverpool ON: 11 th & 12 th April 2023 (In Person) & 9 th June 2023 (via CVP) BEFORE: Employment Judge Anderson REPRESENTATION: Claimant: Respondent: In Person Mr Redpath (Counsel) JUDGMENT 1. The Claimant was unfairly dismissed. 2. No compensatory award is payable as it is reduced by 100% on Polkey principles. A fair dismissal would have occurred in any event notwithstanding the procedural defects. 3. The Claimant engaged in culpable and blameworthy conduct that contributed to his dismissal. It is just and equitable to reduce any basic award by 100%. Any compensatory award would also be reduced by 100%. Employment Judge Anderson 12 th June 2023 Case No. 2403091/2022 JUDGMENT SENT TO THE PARTIES ON 16 June 2023 FOR THE TRIBUNAL OFFICE Reasons Introduction 1. The Claimant, Mr B Johnson claims unfair dismissal against his former employer Santander UK PLC. 2. The issues were as follows: a. Is the Respondent able to prove that the reason or principal reason for the dismissal was conduct? b. Did the Respondent undertake such investigation was reasonable in all the circumstances of the case? c. Did the Respondent form a belief that the Claimant committed these acts based on reasonable grounds? d. Was the decision to dismiss within the range of reasonable responses? e. Did the Respondent follow a fair procedure? 3. In terms of remedy, it was agreed that I would deal with issues of Polkey and contribution as part of my Judgment. 4. In respect of Polkey, the burden of proof is on the Respondent to prove that a fair dismissal would have occurred in ...