EAT Practice and Procedure – Bias, misconduct and procedural irregularity
Unfair Dismissal – Reason for dismissal including substantial other reason; Polkey deduction
Appellant was dismissed by Company, in which he was 1/3 shareholder, by the other 2/3 shareholders following a disciplinary hearing which had been pre-determined. Employment Tribunal (ET) held this was a procedural error, that he would have been dismissed anyway, and section 98(A) applied. Respondent had not relied on s.98(A), but on assertion disciplinary procedure was not pre-judged. ET had heard no argument or submissions on s.98(A) or Polkey. Case remitted to new Tribunal.
Citations:
[2006] UKEAT 0175 – 06 – 0106
Links:
Jurisdiction:
England and Wales
Employment
Updated: 07 July 2022; Ref: scu.243219
