Allen v Queen Mary University of London: EAT 11 Apr 2016

EAT Unfair Dismissal: Contributory Fault – The Employment Tribunal found that the Claimant had been unfairly dismissed but also that he ’caused or contributed to his dismissal by 100%’ and made no basic or compensatory award. It erred in law and gave insufficient reasons in its application of section 122(2) and section 123(1) and (6) of the Employment Rights Act 1996. The parties having invited the Employment Appeal Tribunal to determine issues of Polkey and contributory fault without remitting the case, the Employment Appeal Tribunal determined that there should be a 25 per cent reduction in the compensatory award on Polkey grounds and a further one third reduction in the awards for contributory conduct.

David Richardson HHJ
[2016] UKEAT 0265 – 15 – 1104
Bailii
England and Wales

Employment

Updated: 17 January 2022; Ref: scu.565116