EAT UNFAIR DISMISSAL: Compensation; Polkey Deduction
Whether a nil award of compensation under section 123(1) of the ERA 1996 could have been made without misdirection as to the correct approach to the section? The fact that a third party had withdrawn a licence for the employee to be on its premises under the erroneous impression that he had caused damage to its property was regarded by the Employment Tribunal as requiring a nil award without any consideration as to the ‘what if’ scenario, which should have included consideration as to the reasonable employer asking for the licence to be reinstated. Remitted to Employment Tribunal.
Judges:
Hand QC J
Citations:
[2009] UKEAT 0051 – 09 – 2805
Links:
Employment
Updated: 28 July 2022; Ref: scu.347324