UNFAIR DISMISSAL – Reasonableness of dismissal
UNFAIR DISMISSAL – Polkey deduction
DISABILITY DISCRIMINATION – Disability related discrimination
An Employment Tribunal erred in law in its interpretation of Health and Safety Executive v Cadman as to post-termination events, and in its approach to assessing justification following a disability related dismissal.
Its approach to the Polkey calculation, following a justified finding of unfair dismissal, was not sufficiently reasoned in the light of the specific findings made for and against the taking of certain action.
Citations:
[2018] UKEAT 0248 – 17 – 1304
Links:
Jurisdiction:
England and Wales
Employment
Updated: 11 July 2022; Ref: scu.625436