EAT UNFAIR DISMISSAL – Reason for dismissal
UNFAIR DISMISSAL – Reasonableness of dismissal
UNFAIR DISMISSAL – Compensation
UNFAIR DISMISSAL – Polkey deduction
UNFAIR DISMISSAL – 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.
Underhill J
[2013] UKEAT 0346 – 12 – 0305
Bailii
England and Wales
Updated: 27 October 2021; Ref: scu.503481