Source: All England Reporter
Publisher Citation: [2002] All ER (D) 170 (Sep)
Court: Employment Appeal Tribunal

Judge Peter Clark, Mr D Hodgkins and Mr P Smith

Representation Thomas Croxford (instructed by Barlows, Guildford) for the employee.
  The employer appeared by its representative.
Judgment Dates: 22 July 2002


Unfair dismissal - Compensation - Calculation of award - Tribunal finding employee not guilty of any contributory fault - Tribunal finding 50% chance that had proper dismissal procedure been followed employee would have been fairly dismissed - Tribunal accordingly reducing award by 50% - Whether correct for tribunal to reduce award where no finding of contributory fault made - s 123(1).

The Case

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