First Bristol v Bailes

Unfair Dismissal – Determination whether dismissal fair or unfair. The employee brought a claim for unfair dismissal before the employment tribunal following his dismissal after a drugs test by his employer which he had failed. The tribunal decided that the employee had been unfairly dismissed and that there was to be no Polkey reduction to the compensation to which he was entitled. On the employer's appeal against the tribunal's decision not to make a Polkey reduction, the Employment Appeal Tribunal remitted the case to the same tribunal on the basis that the tribunal had overlooked a second expert statement that had controverted the employee's contention regarding the possibility of contamination of the saliva test.

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