EAT UNFAIR DISMISSAL
Polkey deduction
Reason for dismissal including substantial other reason
The ET did not err in holding that the Claimant would have been dismissed because of the Respondent’s view that it could not continue to employ her in any event given the uncertainty in her immigration status. It was not necessary for the Employment Tribunal or the EAT to decide that, a matter for the specialist agency and tribunals.
There was no challenge to the finding of unfair dismissal.
Polkey correctly applied. By consent the appeal was allowed in part as the ET did not award her compensation for the week it would have taken to organise a proper hearing, and in failing to award her compensation for unlawful suspension and dismissal without notice.
Judges:
McMullen QC J
Citations:
[2011] UKEAT 0524 – 10 – 2203
Links:
Jurisdiction:
England and Wales
Employment
Updated: 08 September 2022; Ref: scu.434905