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Unfair dismissal remedies: Test for contributory conduct is probability not possibility

This report relates to 1 case(s)

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    Wallington v Fairview New Homes plc EAT/633/92 (0 other reports)

An industrial tribunal's finding that an unfairly dismissed employee "could well" have committed an act of misconduct was not sufficient for it to reduce his compensation on the grounds of contributory conduct, holds the EAT in Wallington v Fairview New Homes plc. The EAT confirms that the correct test is whether the conduct "probably" occurred, not whether it "possibly" occurred.

Mr Wallington was the chauffeur to Mr Cope, the managing director of Fairview New Homes Ltd.