FM Fabrications Ltd v Dockerty [2005] UKEAT 0167_05_2806 (28 June 2005)

FM Fabrications Ltd v Dockerty [2005] UKEAT 0167_05_2806 (28 June 2005)

The Tribunal erred by failing to properly consider and articulate the possibility and extent of a Polkey deduction; the matter must be remitted for reconsideration of this issue.

Source-derived case information.

Citation
[2005] UKEAT 0167_05_2806
Parties
Appellant: F M Fabrications Ltd; Respondent: Mr Dockerty
Jurisdiction
United Kingdom
Judgment Date
28 June 2005
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
appeal allowed in part; case remitted for rehearing on Polkey deduction
Legal Topics
Unfair Dismissal, Redundancy, Compensation, Polkey Deduction
Employment Law Unfair Dismissal Redundancy Compensation Polkey Deduction

Source-derived case record

Summary, issues, holding and outcome

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Parties

F M Fabrications Ltd

Appellant

Mr Dockerty

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by failing to consider a Polkey deduction in an unfair dismissal (redundancy) case.

Ratio Decidendi

The Tribunal erred by failing to properly consider and articulate the possibility and extent of a Polkey deduction; the matter must be remitted for reconsideration of this issue.

Court Disposition

appeal allowed in part; case remitted for rehearing on Polkey deduction

Orders

  • Remit the case to the same Employment Tribunal (if possible) for a rehearing limited to the Polkey deduction issue.