EAT UNFAIR DISMISSAL – Contributory fault
The Claimant was dismissed after having been sent to prison for breaking a restraining order while on a suspended sentence. He was dismissed, not for misconduct but because the Respondent believed that the contract of employment was frustrated. The Employment Tribunal held that no fair reason for dismissal had been demonstrated but that the Claimant was guilty of contributory conduct, assessed at two-thirds. They rejected reinstatement/re-engagement.
On appeal by the Claimant (there being no appeal against the finding of unfair dismissal:
(1) The ET were entitled, on the facts as found, to find contributory conduct which was causative of the dismissal. The EAT would not interfere with their decision as to the amount of reduction.
But
(2) The ET had given no reasons at all for their decision as to reinstatement/re-engagement; that issue must be remitted to the ET to re-consider and to give reasons.
Judges:
Burke QC
Citations:
[2012] UKEAT 0535 – 11 – 2703
Links:
Jurisdiction:
England and Wales
Employment
Updated: 31 October 2022; Ref: scu.459918