EAT Unlawful Deduction From Wages – UNFAIR DISMISSAL – Contributory fault
The appeal challenges a Judgment of the Employment Tribunal following remission as failing to address the unlawful deduction claim; and dealing with a Polkey argument in error rather than an argument based on contributory conduct.
Although the Judgment could have been clearer, all necessary findings of fact were made disposing of the wages claim.
As for the contributory conduct issue, the Judge wrongly applied the Polkey test, but this error was not material in light of the clear findings he made which lead inevitably to the same result that there should be a 100 per cent reduction in both basic and compensatory awards.
Simler DBE P J
[2016] UKEAT 0292 – 15 – 2302
Bailii
England and Wales
Employment
Updated: 14 January 2022; Ref: scu.562534