EAT UNFAIR DISMISSAL
Contributory fault
Polkey deduction
Employee dismissed following disciplinary proceedings for: (1) misconduct towards other staff; (2) misconduct in attitude to directors; and (3) disclosure of information from staff payroll (3 instances).
Employment Tribunal reject claims of wrongful and unfair dismissal but find dismissal ‘automatically unfair’ because one instance of disclosure was a protected disclosure: Employment Rights Act 1996 s.103A. At remedies hearing, no deduction from compensation made on account of either (a) the other conduct or (b) possibility that she would have been dismissed on the other grounds.
Employer’s appeal on compensation allowed and remitted to Tribunal to re-consider. If no deduction was warranted its Reasons should, given the factual background, explain why not.
Judges:
Luba QC
Citations:
[2012] UKEAT 0198 – 11 – 2402
Links:
Jurisdiction:
England and Wales
Employment
Updated: 06 October 2022; Ref: scu.452334