EAT UNFAIR DISMISSAL – Polkey deduction
A dismissed R for gross misconduct. It was alleged that he tried to strike a director of A during an investigation that A was conducting into a road accident involving R as a driver of one of A’s vehicles (his 6th in 4 months). ET held that R did not attempt to strike A and therefore no Polkey deduction point arose. A had specifically raised the point that (assault or not) R would have inevitably have been dismissed as a result of his driving record. Remitted to ET to consider deduction point.
Citations:
[2011] UKEAT 0469 – 10 – 2803
Links:
Jurisdiction:
England and Wales
Employment
Updated: 08 September 2022; Ref: scu.434907