DGF Ltd v O’'Neil [2011] UKEAT 0197_10_1003 (10 March 2011)

DGF Ltd v O’'Neil [2011] UKEAT 0197_10_1003 (10 March 2011)

The Employment Tribunal committed a procedural irregularity by deciding the Polkey deduction without canvassing submissions from the parties, breaching principles of natural justice. The issue must be remitted for reconsideration based on submissions only, with no further evidence permitted.

Citation
[2011] UKEAT 0197_10_1003
Parties
Claimant: Mr O'Neil; Respondent: DGF Ltd
Jurisdiction
United Kingdom
Judgment Date
10 March 2011
Procedural Posture
Employment Appeal / Appeal and Remittal
Outcome
Appeal allowed in part; case remitted for reconsideration of Polkey issue only.
Legal Topics
Unfair Dismissal, Redundancy, Polkey Deduction, Procedural Fairness, Natural Justice
Employment Law Unfair Dismissal Redundancy Polkey Deduction Procedural Fairness Natural Justice

Case Brief

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Parties

Mr O'Neil

Claimant

DGF Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal and Remittal

Legal Issues

  1. 1 Whether the Employment Tribunal erred by determining the Polkey deduction without receiving submissions from the parties
  2. 2 Whether the Respondent should be permitted to adduce further evidence on remittal

Ratio Decidendi

The Employment Tribunal committed a procedural irregularity by deciding the Polkey deduction without canvassing submissions from the parties, breaching principles of natural justice. The issue must be remitted for reconsideration based on submissions only, with no further evidence permitted.

Court Disposition

Appeal allowed in part; case remitted for reconsideration of Polkey issue only.

Orders

  • The Polkey issue is remitted to the same Employment Tribunal for reconsideration based solely on submissions from the parties.
  • No further evidence may be adduced by either party at the remitted hearing.