EAT case no EAT/0143/01 on 25th March 2002
Friend v Hazemead Ltd, EAT case no EAT/0143/01 on 25th March 2002.
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dismissal of an employee was unfair because of failure by the employer to follow reasonable procedures (ie lack of consultation) but as the reason for the dismissal was a fair reason (ie lack of capability) it was open to a tribunal to conclude that the employee would have been dismissed even if proper procedures had been followed and therefore to limit compensatory award to little more than pay in lieu of notice.
For relevant general notes see Polkey case and Unfair dismissal/compensatory award/calculation of .