EAT UNFAIR DISMISSAL
Reasonableness of dismissal
Mitigation of loss
Polkey deduction
Appeal against decision of unfair dismissal and compensatory award. Cross-appeal against the level of the compensatory award.
Two grounds of appeal succeeded: (1) Employment Tribunal failed to deal with the Polkey issue that was clearly before it; (2) ET misapplied law on failure to mitigate – failed to have regard to ERA, section 123(4).
Other six grounds, which included misapplication of Burchell test, failed.
Cross-appeal that ET failed to increase award pursuant to TULR(C)A, section 207A failed. No obligation on ET to deal with point of their own motion.
Case remitted to same ET to decide Polkey issue and mitigation of loss issue on basis of evidence that was before ET.
Judges:
Supperstone J
Citations:
[2012] UKEAT 0432 – 11 – 1805
Links:
Jurisdiction:
England and Wales
Employment, Damages
Updated: 03 November 2022; Ref: scu.461859
