Samels v The University For The Creative Arts (Redundancy : Suitable alternative employment) [2011] UKEAT 0573_10_3008 (30 August 2011)

Samels v The University For The Creative Arts (Redundancy : Suitable alternative employment) [2011] UKEAT 0573_10_3008 (30 August 2011)

The Employment Tribunal permissibly found procedural unfairness in the redundancy dismissal due to failure to offer suitable alternative employment, and was bound to apply a Polkey reduction. The percentage reduction was a matter of fact for the Tribunal. The appeal against both liability and remedy judgments was dismissed as there was no error of law or perversity in the Tribunal's reasoning.

Citation
[2011] UKEAT 0573_10_3008
Parties
Appellant/claimant: Mr I Samels; Respondent: Respondent University
Jurisdiction
United Kingdom
Judgment Date
30 August 2011
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Judgment on Unfair Dismissal and Remedy
Outcome
Appeal dismissed
Legal Topics
Redundancy, Unfair Dismissal, Procedural Fairness, Polkey Deduction, Suitable Alternative Employment, Compensation Calculation
Employment Law Redundancy Unfair Dismissal Procedural Fairness Polkey Deduction Suitable Alternative Employment Compensation Calculation

Case Brief

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Parties

Mr I Samels

Appellant/claimant

Respondent University

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Judgment on Unfair Dismissal and Remedy

Legal Issues

  1. 1 Was the dismissal procedurally fair?
  2. 2 Was the dismissal within the range of reasonable responses open to the employer?
  3. 3 Should there be a reduction in compensation under the Polkey principle?

Ratio Decidendi

The Employment Tribunal permissibly found procedural unfairness in the redundancy dismissal due to failure to offer suitable alternative employment, and was bound to apply a Polkey reduction. The percentage reduction was a matter of fact for the Tribunal. The appeal against both liability and remedy judgments was dismissed as there was no error of law or perversity in the Tribunal's reasoning.

Court Disposition

Appeal dismissed

Orders

  • Application dismissed
  • Permission to appeal refused