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England and Wales decisions
Decisions matching the current search
It was perverse for the Employment Tribunal to conclude that the claimant's conduct amounted to gross misconduct when such conduct was not specified as such in the code of conduct or contract, and the evidence did not support this finding. The dismissal was unfair, and the reduction of awards by 100% was not justified or adequately reasoned.
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The Court of Appeal held that a dividend, not the wider sale arrangement, was the relevant s.238 transaction; the s.238(5) defence failed and the case was remitted.
The Tribunal erred in law by concluding that the s.27(1)(b) victimisation claim was outside the pleaded case; the distinction between the pleaded claim and the claim upheld was narrow, both arose from the same facts, and the Respondent was not prejudiced. The interests of justice required the initial judgment to stand.
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The employer failed to take any reasonable steps to consider or facilitate alternative employment for the claimant, and this failure rendered the dismissal unfair. The Tribunal was entitled to find that, had proper steps been taken, the claimant would likely have secured alternative employment, justifying no Polkey reduction.
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The Employment Tribunal failed to consider apportionment of the injury to feelings award for tax purposes and provided inadequate reasoning regarding mitigation of loss, warranting remission to the same tribunal.
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The Employment Appeal Tribunal held that a £10,000 injury-to-feelings award was manifestly excessive and replaced it with £2,000 plus interest.
The EAT set aside an unfair dismissal finding after the tribunal decided the case on issues not properly raised or argued, and remitted it for rehearing.
The Employment Appeal Tribunal allowed an appeal only on the unanswered injury-to-feelings reconsideration issue, dismissed the mitigation challenge, and dismissed the cross-appeal.
Employment Appeal Tribunal case on unfair dismissal, remedy, ACAS uplift, furlough-related loss and company-car compensation, with remedy issues remitted.
The Employment Appeal Tribunal refused an appeal against a finding of unfair dismissal, rejecting claims of apparent bias and procedural unfairness.
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