EAT Respondent dismissed for redundancy. Procedure unfair in that the appeal process was not properly conducted. Employment Tribunal made no Polkey deduction. On proper analysis of fact if a fair procedure had been adopted Respondent would still have been dismissed and at the same date. Therefore there should be 100% reduction.
Judges:
His Honour Judge J R Reid QC
Citations:
UKEAT/0785/04/CK, [2005] UKEAT 0785 – 04 – 0508
Links:
Jurisdiction:
England and Wales
Citing:
Cited – J Sainsbury Ltd v Hitt; Orse Sainsburys Supermarkets Limited v Hitt CA 18-Oct-2002
Reasobaleness of Investigation Judged Objectively
The employer appealed against a decision that it had unfairly dismissed the respondent. The majority of the Employment Tribunal had decided that the employers had not carried out a reasonable investigation into the employee’s alleged misconduct . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 05 May 2022; Ref: scu.229260