Dooley v Union of Construction Allied Trades and Technicians: EAT 3 May 2013

EAT Unfair Dismissal : Reason for Dismissal Including Substantial Other Reason – – Compensation – Polkey deduction – Contributory fault
The Claimant was a Union official dismissed for alleged misconduct – The Tribunal found the dismissal unfair on a mixture of substantive and procedural grounds and because of the substantive grounds directed no ‘Polkey discount’; but it did make a 50% reduction for contributory conduct.
HELD: that the Tribunal was entitled to find the dismissal unfair, but only on the procedural grounds; that accordingly a Polkey discount should have been considered and that the case should be remitted for that purpose and also to re-consider the issue of contributory conduct, since the amount of the former might affect the amount of the latter – One issue on remedy also remitted – Discussion of fairness of decision to dismiss taken in absence of two members of disciplinary panel.

Judges:

Underhill J

Citations:

[2013] UKEAT 0088 – 12 – 0305

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 09 December 2022; Ref: scu.495210