EAT UNFAIR DISMISSAL
Polkey deduction
Contributory fault
Social worker employed at residential school dismissed for assaulting a pupil. Employers failed to allow him any appeal. Dismissal procedurally unfair but Polkey reduction of 100%. On appeal, held that Tribunal had failed to have regard to all relevant factors in determining Polkey issue, had failed to have regard to all relevant factors relating to reduction of compensation on contributory conduct grounds and had evidently overlooked the statutory requirement to consider the making of a basic award. Case remitted to Employment Tribunal to reconsider the Polkey, contribution and the matter of a basic award.
Judges:
Lady Smityh J
Citations:
[2011] UKEAT 0052 – 10 – 1105
Links:
Jurisdiction:
England and Wales
Employment
Updated: 13 September 2022; Ref: scu.441160