Lifeline Energy v Miedziolka (Unfair Dismissal : Polkey deduction) [2013] UKEAT 0258_12_1804 (18 April 2013)

Lifeline Energy v Miedziolka (Unfair Dismissal : Polkey deduction) [2013] UKEAT 0258_12_1804 (18 April 2013)

The Tribunal did not err in refusing a Polkey deduction because the employer failed to provide sufficient evidence that proper consultation would have made no difference to the outcome. The Tribunal's reasons for the award were sufficiently clear and met the Meek standard.

Citation
[2013] UKEAT 0258_12_1804
Parties
Appellant/respondent: Lifeline Energy; Respondent/claimant: Ms I Miedziolka
Jurisdiction
United Kingdom
Judgment Date
18 April 2013
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Redundancy, Compensation Assessment, Polkey Deduction, Procedural Fairness
Employment Law Unfair Dismissal Redundancy Compensation Assessment Polkey Deduction Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Lifeline Energy

Appellant/respondent

Ms I Miedziolka

Respondent/claimant

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in failing to apply a Polkey deduction to the compensatory award for unfair dismissal
  2. 2 Whether the Tribunal gave sufficient reasons for its award of losses

Ratio Decidendi

The Tribunal did not err in refusing a Polkey deduction because the employer failed to provide sufficient evidence that proper consultation would have made no difference to the outcome. The Tribunal's reasons for the award were sufficiently clear and met the Meek standard.

Court Disposition

Appeal dismissed

Orders

  • No Polkey deduction applied to compensation
  • Compensation award to Claimant upheld