Riverside Industrial Equipment Ltd v Audsley (Unfair Dismissal) [2014] UKEAT 0105_13_3101 (31 January 2014)

Riverside Industrial Equipment Ltd v Audsley (Unfair Dismissal) [2014] UKEAT 0105_13_3101 (31 January 2014)

The Employment Tribunal erred in law by failing to apply the Polkey principle correctly, using the language of probability rather than chance, and by not making any Polkey reduction despite a 50% contributory fault finding. The Tribunal also erred by not applying the 50% reduction to all elements of the compensatory award, as required by section 123(6) ERA 1996. The appeal was allowed on both grounds.

Citation
[2014] UKEAT 0105_13_3101
Parties
Advocate for Appellant: MS JUDY STONE; Instructing Solicitors for Appellant: Gaskell & Walker Solicitors; Respondent (in Person): MR MICHAEL AUDSLEY
Jurisdiction
United Kingdom
Judgment Date
31 January 2014
Procedural Posture
Employment Appeal / Appeal Judgment on Remedy
Outcome
Appeal allowed on both grounds.
Legal Topics
Unfair Dismissal, Polkey Reduction, Contributory Fault, Compensatory Award, Employment Rights Act 1996
Employment Law Unfair Dismissal Polkey Reduction Contributory Fault Compensatory Award Employment Rights Act 1996

Case Brief

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Parties

MS JUDY STONE

Advocate for Appellant

Gaskell & Walker Solicitors

Instructing Solicitors for Appellant

MR MICHAEL AUDSLEY

Respondent (in Person)

Procedural Posture

Employment Appeal / Appeal Judgment on Remedy

Legal Issues

  1. 1 Did the Employment Tribunal misapply the Polkey principle?
  2. 2 Should the 50% contribution deduction have been applied to all elements of the award, including notice pay, loss of statutory rights, and recoupment of training costs?

Ratio Decidendi

The Employment Tribunal erred in law by failing to apply the Polkey principle correctly, using the language of probability rather than chance, and by not making any Polkey reduction despite a 50% contributory fault finding. The Tribunal also erred by not applying the 50% reduction to all elements of the compensatory award, as required by section 123(6) ERA 1996. The appeal was allowed on both grounds.

Court Disposition

Appeal allowed on both grounds.

Orders

  • The Tribunal's judgment is set aside to the extent it fails to make the 50% reductions; those reductions are now made and the judgment varied accordingly.
  • On the Polkey issue, the matter is remitted to the same Employment Tribunal for rehearing.