About Me

I’m a Barrister at Atlantic Chambers looking at various aspects of Employment Law including new developments in case law and legislation.

Polkey and New Points on Appeal – The case of Vision Security Group Limited v Mr L Goodyear (2010) UKEAT/0307/10/JOJ

Background

In Vision Security Group Limited v Mr L Goodyear (2010) UKEAT/0307/10/JOJ an employer was not permitted to raise a new point on appeal that the employee’s compensation should be subject to a Polkey deduction.  The Employment Appeal Tribunal (“EAT”) held, in any event, no Polkey deduction should have been made based on the Employment Tribunal’s other findings.

The Claimant in this matter had been employed by the Respondent as a Security Team Leader at a shopping mall in Blackburn.  The Claimant was dismissed for gross misconduct following an incident on 5th May 2009 when he asked two individuals, who had previously been banned for the premises, to leave the mall.  The Respondent dismissed the Claimant on the basis that it believed that the Claimant had taken one of the individuals out of sight of CCTV cameras to have a fight with him.  The Claimant denied the allegation and insisted he acted merely to remove the individuals from the premises. Continue reading Polkey and New Points on Appeal – The case of Vision Security Group Limited v Mr L Goodyear (2010) UKEAT/0307/10/JOJ