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Kingston Transport t/a Sussex Skips v Sanders - Polkey deduction to be calculated on assumed fair dismissal [2012] EAT

 When determining, as part of assessing a Polkey reduction, when the employee might in any event have been dismissed, an employment tribunal must assume that fair procedures would be put in place and carried out by the employer.

Mr Sanders was employed by the Respondent skip hire company. His performance as a driver deteriorated to the point where disciplinary action was taken against him and he was issued with a 6 month written warning. Soon after he received this warning further incidents occurred with Mr Sanders, one of them involved damage to a vehicle bumper that he denied responsibility for, and the other was a collision with a Fiat Punto that occurred whilst he was driving a company vehicle. He denied responsibility for this also. When he was spoken to about the Punto accident it was said that he became aggressive with a company director, and he was dismissed summarily. There was no compliance with the ACAS guidance about disciplinary proceedings; in particular, there was no proper investigation into the accident with the Punto.

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