Mr H Lewis v Network Rail Infrastructure Ltd

Case Number: 2201738/2023

EMPLOYMENT TRIBUNALS

BETWEEN Claimant AND Respondents Mr H Lewis Network Rail Infrastructure Limited Heard at: London Central Employment Tribunal On: 3, 4, 5 October 2023 Before: Employment Judge Adkin (sitting alone) Representations For the Claimant: in person For the Respondent: Mr B Randle, Counsel

JUDGMENT (1) The claim for unfair dismissal pursuant to sections 94 and 98 of Employment Rights Act 1996 (“ERA”) is well founded. (2) Any compensatory award may be subject to a deduction under section 123 ERA following the principle established by the House of Lords in the case of Polkey v A E Dayton Services Ltd [1987] IRLR 503, [1988] AC 344 to be determined at a remedy hearing.

REASONS The Claim