EAT UNFAIR DISMISSAL
Constructive dismissal / Contributory fault / Polkey deduction
JURISDICTIONAL POINTS
2002 Act and pre-action requirements
The Employment Tribunal did not err in assessing the last straw in a series of events leading to a constructive unfair dismissal. It did not err when it refused as a matter of case management on a remedy hearing to allow the admission of evidence which could have been brought when the tribunal decided contribution and Polkey issues. But it wrongly used prediction in assessing (past) contribution and the matter was remitted to the same Employment Tribunal.
It did not err in fixing the uplift at the entry point of 10 per cent, rejecting the Respondent’s argument that it should be ‘modest’.
Judges:
McMullen QC J
Citations:
[2009] UKEAT 0210 – 09 – 0109
Links:
Employment
Updated: 07 August 2022; Ref: scu.381629
