Dee v Suffolk County Council UKEAT/0180/18/BA & UKEAT/0181/18/BA

Appeal against the ET’s decisions that (1) a compensatory award in respect of the Claimant’s unfair dismissal should be reduced by 50% to take account of a Polkey reduction, and that the contributory fault reduction should be applied to the balance, resulting in an overall 75% reduction; and (2) no uplift should be applied for breaches of the ACAS Code. Appeal and cross-appeal allowed.

The Claimant, a Head Teacher employed by the Respondent, was dismissed for gross misconduct. His appeal was unsuccessful, but his claim for unfair dismissal was successful, and there were challenges by the Claimant and the Respondent as to whether factual findings of the ET made at that stage had been accurately carried across into the Remedy Judgment.

The EAT held that the ET had failed to give adequate reasons for the fact that it had made two successive reductions – on Polkey grounds, and for contributory fault in relation to the same factor – and it had not adequately explained why no uplift was applied for breaches of the ACAS Code. The case would be remitted to the same ET for reconsideration.

Published: 27/03/2019 19:34

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