EAT UNFAIR DISMISSAL – Reasonableness of dismissal
The Employment Judge erred in failing to have regard to the guidance in Polkey v AE Dayton Services Ltd [1987] ICR 142 in concluding that proceeding with the disciplinary hearing in the Claimant’s absence did not render the dismissal unfair as there had been a full investigation meeting and the Claimant had admitted that she had acted as alleged and it was unclear what else she could have said.
In circumstances in which there was no finding that the Respondent had or could have reasonably concluded that a disciplinary hearing would be futile and having regard to the fact that the Claimant had been invited to attend such a meeting and other relevant matters, the Employment Judge erred in his consideration of the effect of whether proceeding with a disciplinary hearing in the Claimant’s absence rendered her dismissal unfair.
Slade DBE J
[2016] UKEAT 0039 – 16 – 2106
Bailii
England and Wales
Employment
Updated: 18 January 2022; Ref: scu.565991