26th January, 2022

Louise Quigley successfully resists appeal from the ET findings of a full Polkey and contributory fault deduction

The Claimant appealed a 100% Polkey and contributory fault finding. The Tribunal had accepted that there had been failings in the investigation, together with other procedural failings which rendered the dismissal unfair.

The Claimant was granted permission to appeal on the basis that it was arguable the Tribunal's finding that it was "inevitable" he would have been fairly dismissed was not sufficiently supported by the evidence.

Whilst accepting that it is unusual for a 100% finding to be made and pursuant to Brito-Babapulle v Ealing Hospital. NHS Trust [2013] IRLR 854, it is wrong simply to assume that dismissal would be the outcome of a proper finding of gross misconduct, the EAT went on to find that in this case there was sufficient evidence to support the conclusion.

The Claimant was a care home worker who was found to have stolen from a service user.

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