Dooley v Union of Construction Allied Trades and Technicians (Unfair Dismissal : Reason for dismissal including substantial other) [2013] UKEAT 0088_12_0305 (3 May 2013)

Dooley v Union of Construction Allied Trades and Technicians (Unfair Dismissal : Reason for dismissal including substantial other) [2013] UKEAT 0088_12_0305 (3 May 2013)

The tribunal was entitled to find the dismissal unfair, but only on procedural grounds, specifically the decision to proceed in the absence of two panel members and the conduct of the hearing. The substantive grounds for dismissal were not found to be unreasonable. Accordingly, a Polkey deduction should have been...

Source-derived case information.

Citation
[2013] UKEAT 0088_12_0305
Parties
Respondent: UCATT; Claimant: Mr M Dooley
Jurisdiction
United Kingdom
Judgment Date
03 May 2013
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment on Unfair Dismissal
Outcome
Appeal allowed in part; case remitted to the tribunal for reconsideration of Polkey deduction and contributory conduct reduction.
Legal Topics
Unfair Dismissal, Procedural Fairness, Contributory Conduct, Polkey Deduction, Trade Union Activities
Employment Law Unfair Dismissal Procedural Fairness Contributory Conduct Polkey Deduction Trade Union Activities

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Parties

UCATT

Respondent

Mr M Dooley

Claimant

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment on Unfair Dismissal

Legal Issues

  1. 1 Whether the dismissal of the claimant was unfair under section 98(4) of the Employment Rights Act 1996
  2. 2 Whether the disciplinary process was procedurally and/or substantively unfair
  3. 3 Whether a Polkey deduction should have been applied

Ratio Decidendi

The tribunal was entitled to find the dismissal unfair, but only on procedural grounds, specifically the decision to proceed in the absence of two panel members and the conduct of the hearing. The substantive grounds for dismissal were not found to be unreasonable. Accordingly, a Polkey deduction should have been considered, and the issue of contributory conduct should be reconsidered as it may be affected by the Polkey assessment.

Court Disposition

Appeal allowed in part; case remitted to the tribunal for reconsideration of Polkey deduction and contributory conduct reduction.

Orders

  • Remit to the Employment Tribunal to consider whether a Polkey deduction should be applied.
  • Remit to the Employment Tribunal to reconsider the reduction for contributory conduct.