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Basic award reduction: blameworthy conduct must be proven not an untested allegation (Grange (Whitefield) Care Services v Joseph)

Basic award reduction: blameworthy conduct must be proven not an untested allegation (Grange (Whitefield) Care Services v Joseph)
Published on: 09 April 2019
Published by: LexisPSL
  • Basic award reduction: blameworthy conduct must be proven not an untested allegation (Grange (Whitefield) Care Services v Joseph)
  • What are the practical implications of this judgment?
  • What is the relevant background?
  • Background law
  • Background facts
  • The decision of the employment tribunal
  • What did the EAT decide?
  • Case details

Article summary

Employment analysis: In an award of compensation for unfair dismissal, the basic award may be reduced where any conduct by the employee before dismissal, whether or not the employer knew about it before the dismissal, is such that it would be just and equitable to do so. However, that conduct must be blameworthy and must be proven. An untested, unproven allegation that is disputed cannot be characterised as ‘conduct’ by the employee because an allegation of certain behaviour, however serious, is not tantamount to proof that it occurred, according to the EAT. or take a trial to read the full analysis.

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