Ventrac Sheet Metals Ltd v Fairly (Unfair Dismissal : Reasonableness of dismissal) [2011] UKEAT 0064_10_1406 (14 June 2011)

Ventrac Sheet Metals Ltd v Fairly (Unfair Dismissal : Reasonableness of dismissal) [2011] UKEAT 0064_10_1406 (14 June 2011)

The Tribunal erred in law by failing to make a Polkey deduction where there was a genuine redundancy situation and a clear evidential basis for assessing the chance that the claimant would have been dismissed even if a fair procedure had been followed. Compensation should be reduced by 35% to reflect this chance.

Citation
[2011] UKEAT 0064_10_1406
Parties
Appellant / Respondent: The Work Ethic Limited; Respondent / Claimant: Claimant (trainee)
Jurisdiction
United Kingdom
Judgment Date
14 June 2011
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal allowed in part; compensation award reduced.
Legal Topics
Unfair Dismissal, Redundancy, Compensation Assessment, Polkey Deduction
Employment Law Unfair Dismissal Redundancy Compensation Assessment Polkey Deduction

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Parties

The Work Ethic Limited

Appellant / Respondent

Claimant (trainee)

Respondent / Claimant

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in failing to make a Polkey deduction in compensation for unfair dismissal in a redundancy situation involving two trainees.

Ratio Decidendi

The Tribunal erred in law by failing to make a Polkey deduction where there was a genuine redundancy situation and a clear evidential basis for assessing the chance that the claimant would have been dismissed even if a fair procedure had been followed. Compensation should be reduced by 35% to reflect this chance.

Court Disposition

Appeal allowed in part; compensation award reduced.

Orders

  • The compensation award is reduced from £8,830 to £5,740.