EAT UNFAIR DISMISSAL – Automatically unfair reason
The claimant, who was dismissed for conduct reasons, was found to have been unfairly dismissed on account of the respondents’ failure to comply with the requirements of Part 1 of Schedule 2 to the Employment Act 2002. The tribunal found that if the proper procedures had been followed, the claimant would have been dismissed within three weeks in any event and that the basic award should be reduced by 90% in respect of the claimant’s own contribution to his dismissal. An appeal against the reduction of the basic award was dismissed but an appeal against the restriction of the compensatory award to a three week period was allowed on the basis that the tribunal had failed to follow the correct approach (see: Polkey v A E Dayton Services Ltd [1987] IRLR 503) and had made no findings in fact which entitled them so to restrict it. The case was remitted to the same tribunal for a rehearing restricted to the issue of amount of the compensatory award.
Judges:
Hon Lady Smith
Citations:
[2007] UKEAT 0058 – 06 – 1005, UKEATS/0058/06
Links:
Employment, Scotland
Updated: 11 July 2022; Ref: scu.253160
