EAT UNFAIR DISMISSAL
Reasonableness of dismissal
Contributory fault
Polkey deduction
The Employment Tribunal did not err in finding the Respondent unfairly dismissed the Claimant for misconduct. The EAT would not interfere with its findings: Fuller v London Borough of Brent [2011] IRLR 414, Bowater v Northwest London Hospitals NHS Trust [2001] IRLR 331, Salford Royal NHS Foundation Trust v Roldan [2010] IRLR 721, per Elias LJ, Gayle v Sandwell and West Birmingham Hospitals NHS Trust [2011] EWCA Civ 924, per Mummery LJ, London Ambulance Service NHS Trust v Small [2009] IRLR 563, per Mummery LJ, Taylor v OCS and Orr v Milton Keynes applied.
The Employment Tribunal erred in making a decision on contribution and Polkey without giving counsel an opportunity to call evidence and make submissions: Market Force v Hunt applied. Those two matters remitted to the same Tribunal for reconsideration at its pending remedy hearing.
Judges:
McMullen QC J
Citations:
[2012] UKEAT 0073 – 11 – 1302
Links:
Jurisdiction:
England and Wales
Employment
Updated: 13 October 2022; Ref: scu.454079