EAT PRACTICE AND PROCEDURE:
Appellate jurisdiction / reasons / Burns-Barke
Disposal of appeal including remission
UNFAIR DISMISSAL:
Contributory fault
Polkey deduction
Remission to Tribunal; adequacy of reasons; contributory fault; Polkey deduction.
The Appellant dismissed the Respondent in circumstances where the dismissal was procedurally unfair. The Tribunal also held, despite substantial evidence to the contrary, that the Respondent was not in fact guilty of the matters for which he was dismissed. It nonetheless held that had a fair procedure been followed he might still have been dismissed. It, without giving adequate reasons, apparently held that he had not, by the acts which were proved, contributed to his dismissal and that it was too speculative to determine what would have occurred if a fair procedure had been followed. The case was remitted to the same Tribunal further to consider the questions of contributory fault and Polkey deduction.
Citations:
[2010] UKEAT 0378 – 09 – 0103
Links:
Employment
Updated: 14 August 2022; Ref: scu.402532
