EAT UNFAIR DISMISSAL
Compensation
Polkey deduction
Head chef and kitchen porter dismissed for gross misconduct in taking drinks from bar without paying for them. Dismissal found to be procedurally unfair because a) the person who carried out the investigation was involved in the disciplinary hearing, and b) that the person who took the decision to dismiss was not present at that hearing but relied on ‘second hand information’ to do so. Employees appealed and Employment Tribunal made no criticism of the appeal procedure afforded to them. Polkey reduction of 100%.
Compensation reduced by 100% on grounds of contribution and basic award reduced by 75%. On appeal, held that Tribunal’s failure to find that the dismissal was substantively unfair was not perverse and, further, that they were entitled to make the 100% Polkey deduction that was applied.
Cross appeal in relation to (a) failure to find that dismissals substantively fair, and (b) reduction of basic award upheld. The Tribunal had failed to have any regard to the appeal procedure which plainly cured the earlier procedural deficiency and had erred in their application of the ‘just and equitable’ principle to the basic award. 100% reduction substituted.
Judges:
Smith J
Citations:
[2011] UKEAT 0055 – 10 – 1005
Links:
Jurisdiction:
England and Wales
Employment
Updated: 17 September 2022; Ref: scu.442767