EAT STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURES – Whether infringed
UNFAIR DISMISSAL – Contributory fault
The Employment Tribunal was entitled to find a breach of statutory Step 2 when the two written accounts of complaints against the Claimant were not shown to her before the Step 2 meeting.
The Employment Tribunal erred when it failed to give reasons in response to a submission that the Claimant contributed 100% to her dismissal. s 123(6) inserts a mandatory consideration into the wide discretion under s123(1). Polkey and contribution are separate processes. That point remitted to the same Employment Tribunal.
Judges:
McMullen QC J
Citations:
[2011] UKEAT 0057 – 11 – 0408
Links:
Jurisdiction:
England and Wales
Employment
Updated: 19 September 2022; Ref: scu.443643