Scottish & Southern Energy Plc v Innes (Statutory Discipline and Grievance Procedures : Impact on compensation) [2011] UKEAT 0043_10_1204 (12 April 2011)

Scottish & Southern Energy Plc v Innes (Statutory Discipline and Grievance Procedures : Impact on compensation) [2011] UKEAT 0043_10_1204 (12 April 2011)

The Tribunal erred in finding that the third strand of the Burchell test was not met in a case of admitted misconduct, and failed to make a Polkey deduction. The assessment of only 15% contribution was perverse given the facts and admissions. The case must be remitted for rehearing on both Polkey reduction and contribution.

Citation
[2011] UKEAT 0043_10_1204
Parties
Claimant: David Innes; Respondent: SSE plc
Jurisdiction
United Kingdom
Judgment Date
12 April 2011
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; case remitted for rehearing before a freshly constituted Tribunal.
Legal Topics
Unfair Dismissal, Misconduct, Compensation, Contributory Conduct, Polkey Deduction
Employment Law Unfair Dismissal Misconduct Compensation Contributory Conduct Polkey Deduction

Case Brief

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Parties

David Innes

Claimant

SSE plc

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in failing to make a Polkey deduction
  2. 2 Whether the Tribunal erred in making a deduction of only 15% for contributory conduct

Ratio Decidendi

The Tribunal erred in finding that the third strand of the Burchell test was not met in a case of admitted misconduct, and failed to make a Polkey deduction. The assessment of only 15% contribution was perverse given the facts and admissions. The case must be remitted for rehearing on both Polkey reduction and contribution.

Court Disposition

Appeal allowed; case remitted for rehearing before a freshly constituted Tribunal.

Orders

  • Remitted for rehearing on Polkey reduction and contributory conduct before a new Tribunal.