Corpora Software Ltd v Perry [2008] UKEAT 0039_08_0105 (1 May 2008)

Corpora Software Ltd v Perry [2008] UKEAT 0039_08_0105 (1 May 2008)

The Tribunal was entitled to find that the grievance and appeal procedures were a sham, that Ms Perry was victimised for raising a protected act, and that no Polkey reduction should apply as there was no evidence her employment would have ended imminently but for the dismissal.

Citation
[2008] UKEAT 0039_08_0105
Parties
Respondent: Ms Perry; Appellant: Corpora
Jurisdiction
United Kingdom
Judgment Date
01 May 2008
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Victimisation, Sex Discrimination, Polkey Deduction, Grievance Procedures
Employment Law Discrimination Law Unfair Dismissal Victimisation Sex Discrimination Polkey Deduction Grievance Procedures

Case Brief

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Parties

Ms Perry

Respondent

Corpora

Appellant

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the grievance and appeal procedures were a sham
  2. 2 Whether the respondent was victimised for raising a protected act
  3. 3 Whether a Polkey reduction should apply to compensation

Ratio Decidendi

The Tribunal was entitled to find that the grievance and appeal procedures were a sham, that Ms Perry was victimised for raising a protected act, and that no Polkey reduction should apply as there was no evidence her employment would have ended imminently but for the dismissal.

Court Disposition

Appeal dismissed

Orders

  • The Employment Tribunal's decision is upheld.