Gardner v The Coopers Company & Coborn School (REDUNDANCY) [2020] UKEAT 0235_19_0708 (7 August 2020)

Gardner v The Coopers Company & Coborn School (REDUNDANCY) [2020] UKEAT 0235_19_0708 (7 August 2020)

The Employment Tribunal failed to provide sufficient reasons for its finding on the effective date of termination and did not address whether the notice letter was delivered or deemed delivered. The Tribunal also erred in not applying a Polkey reduction to the award for loss of statutory rights.

Citation
[2020] UKEAT 0235_19_0708
Parties
Appellant/claimant: Mrs Gardner; Respondent: School (Respondent)
Jurisdiction
United Kingdom
Judgment Date
07 August 2020
Procedural Posture
Employment Appeal / Full Hearing and Cross Appeal
Outcome
Appeal and cross-appeal allowed; matter remitted for rehearing by a fresh Employment Tribunal.
Legal Topics
Redundancy, Unfair Dismissal, Notice Periods, Polkey Reduction, Statutory Rights
Employment Law Redundancy Unfair Dismissal Notice Periods Polkey Reduction Statutory Rights

Case Brief

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Parties

Mrs Gardner

Appellant/claimant

School (Respondent)

Respondent

Procedural Posture

Employment Appeal / Full Hearing and Cross Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal gave adequate reasons for its finding on the effective date of termination and notice period.
  2. 2 Whether the Employment Tribunal erred in not applying a Polkey reduction to the award for loss of statutory rights.

Ratio Decidendi

The Employment Tribunal failed to provide sufficient reasons for its finding on the effective date of termination and did not address whether the notice letter was delivered or deemed delivered. The Tribunal also erred in not applying a Polkey reduction to the award for loss of statutory rights.

Court Disposition

Appeal and cross-appeal allowed; matter remitted for rehearing by a fresh Employment Tribunal.

Orders

  • Remit the issue of the effective date of termination and notice period to a fresh Employment Tribunal for determination.
  • Apply the same Polkey reduction to the award for loss of statutory rights as to other heads of compensation.