Source: All England Reporter
Publisher Citation: [2014] All ER (D) 109 (Apr)
Court: Employment Appeal Tribunal

Judge Eady QC, Mr M Clancy and Mr T Haywood

Representation The employee appeared in person. 
  Judy Stone (instructed by Gaskell & Walker Solicitors, Bridgend) for the employer.  
Judgment Dates: 31 January 2014


Unfair dismissal - Compensation - Calculation of award - Reduction where employee's conduct or action contributed to dismissal - Employee dismissal based on five allegations of misconduct - Employment tribunal upholding claim for unfair dismissal - Tribunal finding 50% contributory negligence but failing to make Polkey reduction - Tribunal refusing to reduce three elements of compensatory award by 50% - , .

The Case

Unfair dismissal Compensation. In determining the level of basic and compensatory awards to which the employee was entitled following a finding of unfair dismissal by the employment tribunal (the tribunal), the Employment Appeal Tribunal held that the tribunal's failure to make a reduction pursuant to Polkey v AE Dayton Services ([1987] All England LR 974) was puzzling given its finding of 50% contributory fault on the employee's part. Further, the operation of of the Employment Rights Act 1996 did not permit the differential treatment of different elements of a compensatory award.

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