EAT UNFAIR DISMISSAL – Contributory fault
An Employment Tribunal decided that the contributory conduct of a Claimant who succeeded in his claim for unfair dismissal was such that compensatory and basic awards should be extinguished altogether. It did not identify the conduct, nor whether it was blameworthy, nor why it was just and equitable to reduce the awards, nor give any sign it appreciated the difference between s.122(2) and s.123(6), nor showed that it was considering what the actual facts were as to what the Claimant had done which was blameworthy rather than relying on the employer’s view of what he had done. This was erroneous. In particular, in the rare case where a 100% deduction is made, reasons clear enough to enable the Claimant and any appeal court to understand why no compensation is being awarded should be given.
Langstaff P J
[2013] UKEAT 0023 – 13 – 1707
Bailii
England and Wales
Employment
Updated: 21 November 2021; Ref: scu.516001
