16-06-2008
Compensation - Procedurally unfair dismissals
A comforting case in the Employment Tribunal this week in the form of Hope versus Jordan Engineering.
The case concerned compensation for a procedurally unfair dismissal. In short it ruled that even where there was an automatically unfair dismissal, the compensatory award could be reduced to zero in line with Polkey (they ruled no compensation applicable if you would have been dismissed anyway).
Therefore, where no compensation was applicable, no uplift could apply for failure to follow statutory procedures.
It is important to note in this case that the failure to follow the statutory procedures related to a failure to offer an appeal after dismissal.
In all other respects, the dismissal was procedurally sound.
The case concerned compensation for a procedurally unfair dismissal. In short it ruled that even where there was an automatically unfair dismissal, the compensatory award could be reduced to zero in line with Polkey (they ruled no compensation applicable if you would have been dismissed anyway).
Therefore, where no compensation was applicable, no uplift could apply for failure to follow statutory procedures.
It is important to note in this case that the failure to follow the statutory procedures related to a failure to offer an appeal after dismissal.
In all other respects, the dismissal was procedurally sound.
