EAT on 13th January 2004, case no UKEAT/0693/03/TM
NOTES
Goudie v Royal Bank of Scotland plc EAT on 13th January 2004
The full text of this judgment is available free of charge on the EAT website.
Authority for the propositions that:-- failure to provide staff with full details of e-mail policies (and other policies whose application might result in disciplinary procedures being instigated against an employee) can make a related dismissal unfair;
- if dismissal is unfair because of unfair procedures and there is evidence that it might have occurred in any event, an employment tribunal should of its own motion consider the possibility of making a "Polkey" deduction from compensation awarded to the employee even if that possibility was not raised by the employer.
For relevant general information see notes on the Polkey case and/or Unfair dismissal/conduct and misconduct as reason for dismissal .
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prepared Feb2004