EAT Unfair dismissal. The claimant was absent from work due to having been sentenced to imprisonment. The respondents dismissed him. The ET found the dismissal unfair. The claimant sought reinstatement. The ET refused to make an order for reinstatement. The ET reduced the basic and compensatory awards by 100%, finding that the claimant was wholly to blame for his dismissal.
The claimant appealed arguing that the ET had based its decision on reinstatement on a finding that such an order would not be practicable despite there being no argument to that effect. Further, it had insufficient reasoning for the reduction by 100% of each award.
Held: Appeal allowed and case remitted to the same Employment Tribunal to reconsider remedy on the facts found, and to give sufficient reasoning for its fresh decisions.
Stacey Lady
[2015] UKEAT 0018 – 15 – 1612
Bailii
England and Wales
Employment
Updated: 17 January 2022; Ref: scu.565092