EAT UNFAIR DISMISSAL
Procedural fairness/automatically unfair dismissal
S.98A(2) ERA
Polkey deduction
Having found that the Claimant’s dismissal was automatically unfair under section 98A(1) ERA the Employment Tribunal erroneously went on to consider section 98A(2) and appeared to dismiss the claim. Appeal by Claimant allowed; applying Polkey principles EAT accepted that a fair redundancy dismissal following a proper procedure was inevitable. EAT assessed compensation.
Judges:
Peter Clark J
Citations:
[2012] UKEAT 0476 – 11 – 1602
Links:
Jurisdiction:
England and Wales
Employment
Updated: 05 October 2022; Ref: scu.451889