25 September 2008
Kitsons Environmental Europe Ltd v Hendry (EAT, 24/6/2008)
In a case where a tribunal is assessing compensation for unfair dismissal and an issue of contributory conduct arises, the tribunal must:
(i) ask whether the claimant conducted himself in a culpable fashion;
(ii) make a finding as to whether or not the matters to which the complaint relates were caused or contributed to by that conduct; and
(iii) make a finding that it is just and equitable to reduce compensation accordingly, to a specified extent. The tribunal must explain its reasoning in respect of each of these three matters.
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