EAT UNFAIR DISMISSAL
Reasonableness of dismissal
Polkey deduction
The Claimant was dismissed on grounds of redundancy. The Tribunal found the dismissal to be unfair by reason of the Respondent’s scoring in respect of certain items within its matrix.
Held: the Tribunal had not applied the approach set out in British Aerospace v Green [1995] IRLR 437 and had in effect substituted its own view of the appropriate marks for that of the Respondent. Appeal allowed; finding substituted that the dismissal was fair.
Appeal and cross appeal on Polkey points dismissed (and academic in any event, having regard to result of appeal concerning unfair dismissal).
Judges:
David Richardson J
Citations:
[2012] UKEAT 0540 – 11 – 2506
Links:
Jurisdiction:
England and Wales
Employment
Updated: 03 November 2022; Ref: scu.462925