EAT UNFAIR DISMISSAL – Constructive Dismissal
UNFAIR DISMISSAL – Polkey Deduction
STATUTORY GRIEVANCE PROCEDURE – Impact on Compensation
Claimant employed as Practice Manager of a partnership of GPs – Appellants seek to transfer his responsibilities for staff management to his deputy – He resigns – Tribunal holds that Appellants committed a repudiatory breach of contract and that Claimant was constructively dismissed and that the dismissal was unfair – Compensation, to the statutory maximum, assessed on the basis that the Claimant would have remained in employment for a further five years to age 65.
Held:
(1) Tribunal entitled to find that Appellants’ conduct constituted a repudiatory breach of contract and that the dismissal was unfair – Consideration of approach to constructive dismissal cases in the light of Buckland v Bournemouth University Higher Education Corporation [2010] EWCA Civ 121
(2) Tribunal not obliged, on the facts, to make a ‘Polkey deduction’ to reflect risk of termination of the contract (without unfair dismissal) prior to Claimant’s 65th birthday
(3) Tribunal had failed to reduce the award as required by s. 31(2)(c) of the Employment Act 2002 – 10% reduction made to total of compensatory and basic awards
Underhill J P
[2010] UKEAT 0174 – 09 – 2104
Bailii
Employment Act 2002 31(2)(c)
England and Wales
Citing:
Cited – Buckland v Bournemouth University Higher Education Corporation CA 24-Feb-2010
The claimant had been dismissed from his post as chair of archeology after criticism of his marking practices. Though a report vindicated him, the respondent continued with disciplinary procedures. He claimed unfair dismissal. The EAT had allowed . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 09 January 2022; Ref: scu.410574