EAT Unfair Dismissal: Procedural Fairness/Automatically Unfair Dismissal; Compensation
The reversal of Polkey . . 1987) IRLR 503 effected by Employment Rights Act 1996 s98A(2) applies to dismissals occurring on or after 1 October 2004. It applies to a failure to follow a procedure or policy covering dismissal, whether in writing or existing by custom and practice and whether contractual or non-contractual. It does not apply to failure to follow statutory procedures described in s98A(1) and (3). Nor to failure to follow the guidance in the ACAS code or general non-specific failure to follow standards of good employment practice.
Where s98A(2) does apply, so that it is found on the balance of probability that dismissal would have occurred if the procedural failure had not, the dismissal is fair and no compensation is payable. Where the chance of dismissal is less than 50%, the finding will be unfair dismissal and a reduction of compensation of that percentage is appropriate.
Citations:
[2006] UKEAT 0433 – 05 – 1204
Links:
Jurisdiction:
England and Wales
Employment
Updated: 06 July 2022; Ref: scu.241218
