EAT UNFAIR DISMISSAL – Polkey reduction
AGE DISCRIMINATION
Claimant dismissed for redundancy – Claims of unfair dismissal, and of age discrimination on basis that he was selected because he was oldest candidate in the redundancy pool – Unfair dismissal conceded prior to hearing – Tribunal makes finding that Claimant would probably not have been dismissed if a fair procedure had been followed – Age discrimination claim dismissed.
Held:
(1) Finding as to chance of non-selection flawed and should not bind Tribunal at remedy hearing
(2) No evidence to support a claim of age discrimination and Tribunal right to dismiss it.
Citations:
[2010] UKEAT 0216 – 10 – 1002
Links:
Jurisdiction:
England and Wales
Employment
Updated: 01 September 2022; Ref: scu.428566