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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Dhesi v. Buncher & Haseler Ltd [1999] UKEAT 761_99_0610 (6 October 1999) URL: http://www.bailii.org/uk/cases/UKEAT/1999/761_99_0610.html Cite as: [1999] UKEAT 761_99_610, [1999] UKEAT 761_99_0610 |
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At the Tribunal | |
Before
THE HONOURABLE MR JUSTICE HOLLAND
MR A D TUFFIN CBE
MR B M WARMAN
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING
For the Appellant | MR T ROCHFORD (of Counsel) Messrs Bassi 220 Soho Road Handsworth Birmingham B21 9LR |
MR JUSTICE HOLLAND: We have before us an appeal from a decision of an Employment Tribunal held at Birmingham on 11 March 1999.
"The unanimous decision of the tribunal is that the applicant was unfairly dismissed but a contribution of 100% applies. The tribunal makes no award."
"18. We have considered the question of compensation as an alternative. However, having regard to the Tribunal's assessment of the level of the applicant's contributory conduct, we find that it is just and equitable that any basic award of compensation be reduced to nil. In the context of the compensatory award, the Tribunal come to the same conclusion. It is just and equitable that the applicant's contributory fault of itself reduce any compensatory award to nil. We find that this is a case of procedural unfairness alone. Had the respondent followed a fair investigative and disciplinary procedure, the applicant would inevitably have been dismissed."