Stewart v Next Retail Ltd (Unfair Dismissal : Compensation) [2011] UKEAT 0011_11_1410 (14 October 2011)

Stewart v Next Retail Ltd (Unfair Dismissal : Compensation) [2011] UKEAT 0011_11_1410 (14 October 2011)

The Tribunal erred in applying a Polkey deduction to the basic award because the dismissal was substantively unfair, not procedurally unfair, and there was no contributory conduct by the claimant. Polkey deductions are not competent from basic awards absent procedural unfairness or contributory conduct.

Citation
[2011] UKEAT 0011_11_1410
Parties
Appellant/claimant: Linda Stewart; Respondent/employer: Next Retail Ltd
Jurisdiction
United Kingdom
Judgment Date
14 October 2011
Procedural Posture
Employment Appeal / Full Hearing of Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed
Legal Topics
Unfair Dismissal, Compensation, Polkey Deduction
Employment Law Unfair Dismissal Compensation Polkey Deduction

Case Brief

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Parties

Linda Stewart

Appellant/claimant

Next Retail Ltd

Respondent/employer

Procedural Posture

Employment Appeal / Full Hearing of Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in applying a Polkey deduction to the basic award in a case of substantively unfair dismissal
  2. 2 Whether a Polkey deduction can be applied to a basic award absent procedural unfairness

Ratio Decidendi

The Tribunal erred in applying a Polkey deduction to the basic award because the dismissal was substantively unfair, not procedurally unfair, and there was no contributory conduct by the claimant. Polkey deductions are not competent from basic awards absent procedural unfairness or contributory conduct.

Court Disposition

Appeal allowed

Orders

  • Tribunal’s award set aside
  • Substitute award of £4,470.46 (basic award of £4,220.46 plus £250 for loss of statutory rights)