||All England Reporter
|| All ER (D) 458 (Nov)
||Employment Appeal Tribunal
Judge Serota QC, Ms N Amin and Mrs C Baelz
||Timothy Howard (instructed by Aldridge & Brownlee, Bournemouth) for the employee.
||Roderick Moore (instructed by Gales, Bournemouth) for the employer.
||23 September 2002
Employment - Unfair dismissal - Compensation - Reduction of compensation - Dismissal on ground of capability - Tribunal determining 90% chance of employee's performance improving - Adequacy of tribunal's reasoning - Perversity of tribunal's decision.
In the instant case, whilst an employment tribunal, in deciding whether an award for unfair dismissal should be reduced to take into account the chance of the employee improving had his dismissal process been fair, had not explicitly set out that it had directed itself in relation to the necessary question whether there was a material doubt whether or not the employee would have been dismissed if the employer had acted fairly, that was implicit in its reasons and its decision would accordingly stand.
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