EAT Unfair Dismissal : Reasonableness of Dismissal – Contributory fault
The majority of the Employment Tribunal, the Employment Judge dissenting, found the Respondent liable for the unfair dismissal for misconduct of the Claimant, but reduced his compensation by 55%. The EAT would not intervene once a correct self direction was given and the facts found, given the weight of Court of Appeal authority against such a step. The assessment of contributory fault is for the Employment Tribunal: Hollier v Plysu applied.
Judges:
McMullen QC J
Citations:
[2012] UKEAT 0183 – 12 – 1610
Links:
Jurisdiction:
England and Wales
Citing:
Applied – Hollier v Plysu CA 1983
The Tribunal may reduce any compensatory award by such proportion as it considers just and equitable. A Tribunal’s decision on this question is ‘so obviously a matter of impression, opinion, and discretion, that there must be a plain error of law or . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 09 November 2022; Ref: scu.466336