The appellant had been found to have been unfairly dismissed on the ground of incapacity, but to have contributed to her dismissal through her behaviour. The EAT held that the conduct after the dismissal could not have contributed to it, and it was a capacity rather than conduct dismissal. The decision was procedurally unfair in that she had been refused an appeal. It had been wrong to reduce the basic award because of her conduct, but the decision to dismiss would have been made anyway, and re-engagement or re-instatement was impractical.
EAT Unfair Dismissal – Compensation
His Honour Judge Peter Clark
EAT/1285/99
England and Wales
Updated: 14 September 2021; Ref: scu.168254