South London and Maudsley NHS Foundation Trust v Balogun (Unfair Dismissal : Procedural Fairness/Automatically Unfair Dismissal): EAT 5 Dec 2014

EAT Unfair Dismissal : Procedural Fairness/Automatically Unfair Dismissal – Polkey deduction
The Employment Judge found that the Claimant had been unfairly dismissed and that there should be no Polkey deduction.
She erred in three respects:
(1) she wrongly found that the reason for the dismissal was not potentially fair, when on any view it was a reason relating to the Claimant’s conduct;
(2) she adopted a flawed approach to the question of whether the dismissal was fair under section 98(4) Employment Rights Act;
(3) having implicitly found that a fair procedure may have resulted in the Claimant’s dismissal, she decided wrongly that it was not open to her to make a Polkey reduction.

Shanks HHJ
[2014] UKEAT 0212 – 14 – 0512
Bailii
Employment Rights Act 1996 98(4)
England and Wales

Employment

Updated: 24 December 2021; Ref: scu.540270