EAT UNFAIR DISMISSAL
Compensation
Contributory fault
Employment Tribunal (to whom the matter was remitted following an earlier decision for which the reasoning has been so scanty that it could not be known whether there had been an error of law) determined that the Claimant’s compensation should be reduced by reason of contributory conduct without identifying with any detail what that conduct was, and whether it was blameworthy, taking apparent account of a number of matters which could not be blameworthy, and misunderstanding the approach to take to a loss of trust and confidence between one employee and another in the context of a sizeable employer. It was in error to do so. A cross-appeal was also allowed because the ET had failed to consider when the period of loss for which it was making provision might end without unfairness on the part of the employer.
Judges:
Langstaff P J
Citations:
[2012] UKEAT 0623 – 11 – 3003
Links:
Jurisdiction:
England and Wales
Employment
Updated: 31 October 2022; Ref: scu.459913