Source: All England Reporter
Publisher Citation: [2002] All ER (D) 458 (Nov)
Court: Employment Appeal Tribunal

Judge Serota QC, Ms N Amin and Mrs C Baelz

Representation Timothy Howard (instructed by Aldridge & Brownlee, Bournemouth) for the employee.
  Roderick Moore (instructed by Gales, Bournemouth) for the employer.
Judgment Dates: 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.

The Case

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.

Practice Areas

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