Talon Engineering Ltd v Smith (UNFAIR DISMISSAL - Reasonableness of dismissal) [2018] UKEAT 0236_17_2003 (20 March 2018)

Talon Engineering Ltd v Smith (UNFAIR DISMISSAL - Reasonableness of dismissal) [2018] UKEAT 0236_17_2003 (20 March 2018)

The Employment Tribunal was entitled to find the dismissal unfair due to the Respondent's unreasonable refusal to postpone the disciplinary hearing for union representation, regardless of compliance with section 10(5) Employment Relations Act 1999. The Tribunal correctly assessed contributory fault and Polkey deduction, and the appeal is dismissed.

Citation
[2018] UKEAT 0236_17_2003
Parties
Claimant: Mrs Smith; Respondent: Talon Engineering Ltd
Jurisdiction
United Kingdom
Judgment Date
20 March 2018
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed; Tribunal decision upheld
Legal Topics
Unfair Dismissal, Contributory Fault, Polkey Deduction, Trade Union Rights, Disciplinary Procedure
Employment Law Unfair Dismissal Contributory Fault Polkey Deduction Trade Union Rights Disciplinary Procedure

Case Brief

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Parties

Mrs Smith

Claimant

Talon Engineering Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Was the dismissal of the Claimant unfair due to refusal to postpone the disciplinary hearing for union representation?
  2. 2 Did the Claimant contribute to her dismissal?
  3. 3 Was the Polkey deduction correctly applied?

Ratio Decidendi

The Employment Tribunal was entitled to find the dismissal unfair due to the Respondent's unreasonable refusal to postpone the disciplinary hearing for union representation, regardless of compliance with section 10(5) Employment Relations Act 1999. The Tribunal correctly assessed contributory fault and Polkey deduction, and the appeal is dismissed.

Court Disposition

Appeal dismissed; Tribunal decision upheld

Orders

  • No adjustment under section 207A Trade Union and Labour Relations (Consolidation) Act 1992
  • Compensation awarded: basic award reduced by 15% for contributory fault; compensatory award reduced by 15% for contributory fault and further 15% for Polkey deduction