Dooley v Union of Construction Allied Trades and Technicians (UCATT) (Unfair Dismissal : Reason for dismissal including substantial other reason) [2013] UKEAT 0346_12_0305 (3 May 2013)

Dooley v Union of Construction Allied Trades and Technicians (UCATT) (Unfair Dismissal : Reason for dismissal including substantial other reason) [2013] UKEAT 0346_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 disciplinary hearing. The substantive grounds for dismissal were not unreasonable, but the procedural flaws rendered the dismissal unfair. Accordingly, a Polkey deduction should have been considered, and the issue of contributory conduct required reconsideration as the extent of procedural unfairness could affect the reduction for contributory fault.

Citation
[2013] UKEAT 0346_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 Tribunal for reconsideration of Polkey deduction and contributory conduct reduction.
Legal Topics
Unfair Dismissal, Procedural Fairness, Contributory Fault, Polkey Deduction, Trade Union Activities
Employment Law Unfair Dismissal Procedural Fairness Contributory Fault Polkey Deduction Trade Union Activities

Case Brief

Summary, issues, holding and outcome

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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) Employment Rights Act 1996
  2. 2 Whether procedural irregularities rendered the dismissal 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 disciplinary hearing. The substantive grounds for dismissal were not unreasonable, but the procedural flaws rendered the dismissal unfair. Accordingly, a Polkey deduction should have been considered, and the issue of contributory conduct required reconsideration as the extent of procedural unfairness could affect the reduction for contributory fault.

Court Disposition

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

Orders

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