EAT Practice and Procedure : Striking-Out or Dismissal – The Employment Judge erred, on a strike out application in respect of a claim of unfair dismissal, in asking the ‘prohibited’ question identified in Polkey. He asked whether an, apparent, procedural flaw would, if corrected, have made any difference to the outcome rather than whether it made the decision fair or unfair, leaving the question of whether it would have made any difference to be considered on the issue of remedy, if the dismissal was found to be unfair on the basis of that flaw.
Wilkie J
[2014] UKEAT 0437 – 13 – 1802
Bailii
England and Wales
Employment
Updated: 04 December 2021; Ref: scu.526520