Miss C Coutts v Silverburn Care Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4103343/2022 5 Held in Glasgow via Cloud Video Platform (CVP) on 7 September 2022, 11 December 2023 and 15 January 2024 Employment Judge P Smith 10 Miss Cheryl Coutts Claimant In Person Silverburn Care Limited Respondent 15 Represented by: Mr R Najafian - Director

JUDGMENT OF THE EMPLOYMENT TRIBUNAL

1. The Claimant’s claim of unfair dismissal is well-founded and succeeds. 20 2. The question of whether the Claimant should be reinstated or re-engaged by the Respondent shall be determined at a remedy hearing.

3. Any basic award of compensation for unfair dismissal shall be reduced by a factor of 100%, to nil, on account of the Claimant’s culpable conduct prior to her dismissal. 25 4. Any compensatory award of compensation for unfair dismissal shall be reduced by a factor of 100%, to nil, on account of the Claimant’s culpable contributory conduct.

5. Any compensatory award of compensation for unfair dismissal shall be reduced by a factor of 100% in respect of any losses the Claimant may have 30 sustained as a consequence of her dismissal from 3 May 2022 onwards, applying the principle in Polkey v A E Dayton Services Ltd.