EAT Unfair Dismissal : Polkey Deduction – The Appellant employed the Respondent as course manager and head green keeper until May 2012. The Respondent was suspended by the Appellant on 8 May 2012. Disciplinary procedure followed including a disciplinary hearing and an appeal. On 3 July 2012 the Respondent was told that his appeal had not succeeded. The Respondent lodged a claim of unfair dismissal which was successful. The Employment Tribunal found that no reduction should be made for the chance that the Respondent might have been dismissed fairly (Polkey). It also found that the Respondent had contributed to his own dismissal and that it would be just and equitable to make a deduction of 33% from his compensatory award. The Appellant argued that a Polkey reduction should have been made and that the deduction in respect of contribution was too low.
Held: the ET explained why it made no reduction under Polkey and did not err in law. The matter of the percentage of reduction in respect of contribution was a matter for the Tribunal at first instance and was adequately explained by the judgment. Appeal dismissed.
Lady Stacey
[2013] UKEAT 0033 – 13 – 1012
Bailii
England and Wales
Employment
Updated: 01 December 2021; Ref: scu.522372
