CONTRACT OF EMPLOYMENT – Damages for breach of contract
UNFAIR DISMISSAL – Constructive dismissal
UNFAIR DISMISSAL – Compensation
UNFAIR DISMISSAL – Contributory fault
UNFAIR DISMISSAL – Polkey deduction
The Appellant contended that the Employment Judge made a perverse finding regarding the Appellant’s conduct prior to dismissal (but which the Respondent only discovered after dismissal). The Appellant also argued that the Tribunal erred in reaching a conclusion that because of that conduct, no compensatory award and no basic award should be paid to him.
The appeal in respect of perversity was dismissed: the Judge made a legitimate finding of fact on the basis of the evidence presented to him and, read as a whole, set out the reasons for that findings within the Reasons.
However, the Judge failed to then go on to properly identify the issues relating to compensation which arose in respect of the basic award and the compensatory award. In consequence, he did not set out in the Reasons how and why, having regard to sections 122 and 123 of the Employment Rights Act 1996, he had reduced the basic award and compensatory award to nil. By agreement, the case was remitted to the same Employment Judge.
Citations:
[2018] UKEAT 0307 – 17 – 1409
Links:
Jurisdiction:
England and Wales
Employment
Updated: 24 November 2022; Ref: scu.631851
