EAT Unfair Dismissal : Compensation
The Claimant was employed by the Respondent as a chambermaid at Kidron House Hotel, owned by the Respondent, between 1 June 2011 and 23 April 2012. She was dismissed and made a claim of unfair dismissal. The Employment Tribunal decided that she had been unfairly dismissed, by reason of being pregnant. An award was made in respect of a basic award and a compensatory award. The Respondent appealed alleging that the ET had erred in law by failing to make a Polkey deduction.
Held: that the ET had not explained in its reasons that it had considered the chance of the Claimant being dismissed fairly during the period for which it had made an award. It had made an award for the whole period sought. The ET erred in law by failing to give their reasoning for the decision that there was no chance of the dismissal and therefore no deduction. The case is remitted to the same Tribunal in order that they consider, on the facts already found, the matter of compensation afresh.
Stacey J
[2014] UKEAT 0036 – 13 – 2101
Bailii
England and Wales
Employment
Updated: 30 November 2021; Ref: scu.521646
