EAT UNFAIR DISMISSAL
S.98A(2) ERA
Polkey deduction
Contributory fault
The Employment Tribunal erred when if found procedural defects in the investigation by the Respondent of the allegations of the Claimant’s misconduct. In any event it ought to have allowed evidence and considered Employment Rights Act 1996 s 98A(2).
It wrongly awarded compensation beyond the 6 weeks it found it would take the Claimant to find work, attributing the Claimant’s loss to the Respondent’s act of dismissal when it was attributable to proceedings brought before the Crown Court and the professional regulator.
Judges:
McMullen QC J
Citations:
(2010) 114 BMLR 152, [2010] IRLR 721, [2010] ICR 1457, [2009] UKEAT 0154 – 09 – 0209
Links:
Statutes:
Employment Rights Act 1996 98A(2)
Cited by:
Appeal from – Salford Royal NHS Foundation Trust v Roldan CA 13-May-2010
The employee appealed against the reversal by the EAT of her successful claim for unfair dismissal. She had been dismissed for alleged gross misconduct in disrespectful treatment of a patient. She said that investigation had been procedurally . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 04 August 2022; Ref: scu.377309