Source: All England Reporter
Publisher Citation: [2003] All ER (D) 199 (Sep)
Court: Employment Appeal Tribunal

Judge McMullen QC, Mr B Beynon and Mrs R Chapman

Representation Rajeev Thacker (instructed by Mill Kemp & Brown, Barnsley) for the employee.
  Karim Sabry (instructed by Gordons Cranswick, Bradford) for the employer.
Judgment Dates: 2 May 2003


Employment - Unfair dismissal - Compensation - Reduction - Contributory conduct - Employment tribunal finding employee contributing to dismissal so reducing award of compensation by 50% - Tribunal failing to give parties opportunity to make submissions in respect of reduction in compensation - Correctness of decision.

The Case

An employment tribunal erred if it made a decision without giving the parties an opportunity to make submissions upon it. In the instant case, where no submissions were made to the tribunal in respect of whether the employee had contributed to his dismissal, the tribunal had erred in deciding to reduce any compensation which it might award by 50%.

Practice Areas

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