EAT Unfair Dismissal : Reasonableness of Dismissal – The Claimant was dismissed (unfairly, as the Employment Judge found) following a drugs test which he failed. The Claimant and the Respondent continued, after his dismissal, to seek and obtain evidence as to the significance of the failed drug test. In reaching her Polkey assessment the Employment Tribunal proceeded on the basis, and implicitly found, that there was one relevant report on each side. This was plainly and incontrovertibly wrong. There was a second statement obtained by the Respondent which was potentially significant to the Polkey question. Matter remitted for the same Employment Judge to reconsider Polkey taking into account that statement.
Richardson HHJ
[2014] UKEAT 0526 – 13 – 1305
Bailii
England and Wales
Employment
Updated: 17 December 2021; Ref: scu.535104