Brentwood & Ongar Conservative Association v Hamilton - Polkey principle must be considered in finding of procedurally unfair dismissal [2007] EAT

An employment tribunal decided that Mrs Hamilton's dismissal was procedurally unfair and awarded her £4,090.25, having made a deduction for contributory fault. The Association appealed

The EAT allowed the appeal to the extent that it remitted the case back to the original tribunal for reconsideration. It is a fundamental that if a tribunal concludes that a dismissal is unfair on procedural grounds, it must go on and consider whether the dismissal would have happened anyway if proper procedures had been followed - the so called "Polkey" principle. It did not do so here.

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