CONTRACT OF EMPLOYMENT – Written particulars
UNFAIR DISMISSAL – Dismissal/ambiguous resignation
UNFAIR DISMISSAL – Contributory fault
UNFAIR DISMISSAL – Polkey deduction
The Tribunal erred in concluding that there had been no statement of particulars. The employee had been provided with a Service Agreement, which included his job title. There was no material change to his job title. Accordingly, the Service Agreement satisfied the requirements of sections 1 and 4 of the Employment Rights Act 1996. The award of two weeks’ pay is set aside.
The Tribunal erred in concluding that the employee could withdraw an unambiguous resignation. Even if the resignation had been given ‘in the heat of the moment’, the employee did not seek to withdraw the resignation until some 12 days later after he had been dismissed for gross misconduct. By that stage, it was too late. The finding that there would be no Polkey limitation on compensation would be set aside.
The Tribunal erred in its assessment that the employee’s contributory conduct warranted a 50% reduction in compensation. This was one of those rare instances where it could be said that the Tribunal’s assessment was wholly inconsistent with its findings as to the employee’s conduct and was perverse. Any contribution was undoubtedly at the lesser end of the scale. Based on the facts found, the Employment Appeal Tribunal felt able to substitute an assessment of 15%.
Citations:
[2018] UKEAT 0251 – 17 – 0803
Links:
Jurisdiction:
England and Wales
Employment
Updated: 24 April 2022; Ref: scu.618914
