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Compensation: Conduct at disciplinary hearing may justify 100% reduction

This report relates to 1 case(s)

  • expand disabled

    Perkin v St George's Healthcare NHS Trust [2004] All ER (D) 219 (Oct) EAT (0 other reports)

Key points

In Perkin v St George's Healthcare NHS Trust, the EAT holds:

  • In a case where there were existing relationship difficulties between the claimant and senior executives, and where the claimant made unfounded allegations against senior colleagues during the disciplinary hearing, the tribunal was correct to make a 100% Polkey reduction. The tribunal was entitled to conclude that the claimant's conduct prior to, as well as during, a disciplinary hearing meant that he would inevitably have been fairly dismissed but for the lack of impartiality of the chair of the disciplinary hearing, which had resulted in a finding of procedural unfairness.