EAT STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURES: Impact on compensation
UNFAIR DISMISSAL: Polkey deduction
Tribunal wrong to impose no more than a 10% uplift in a case of wholesale non-compliance with statutory procedures – figure of 40% substituted. Observations on effect of Aptuit (Edinburgh) Ltd v Kennedy.
Tribunal wrong to adopt a ‘balance of probabilities’ approach in calculating future loss.
Judges:
Underhill J P
Citations:
[2010] UKEAT 0333 – 09 – 2704
Links:
Cited by:
Cited – Wardle v Credit Agricole Corporate and Investment Bank CA 11-May-2011
The claimant had been found to have been unlawfully dismissed and to have suffered nationality discrimination. Each party appealed against aspects of the compensatory award including the application of the statutory uplift, and the calculation of . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 18 August 2022; Ref: scu.416034