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Swallow Security Services Ltd v Rosemary Millicent

19.03.2009

Area(s) of Law :
Employment Law
Court : Employment Appeal Tribunal
Source :
Date : 19-03-2009

Case Summary By :
David Lewis

SUMMARY

UNFAIR DISMISSAL: Contributory fault

The employers dismissed the employee after a bogus redundancy exercise, after she had knowingly taken paid holiday in excess of her holiday allowance and failed to apologise. The Tribunal found that she had been unfairly dismissed, of its own volition raised Polkey but did not raise or consider contributory fault which the employers, who were unrepresented, did not raise themselves.

Held on appeal

   1. The Employment Tribunal, having found that there was conduct on the part of the employee that was or could be regarded as blameworthy, were bound by s123 of the Employment Rights Act 1996 (ERA) to consider contributory fault.

   2. Were that not so, the employers would not be permitted, following the principles in Rance, to raise the issue for the first time on appeal.

   Appeal allowed; remitted to same Tribunal for consideration of contributory fault.

For Full Report:

EAT Link: http://www.employmentappeals.gov.uk/Public/results.aspx

Bailii Link: http://www.bailii.org/uk/cases/UKEAT/2009/0297_08_1903.html

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