EAT Unfair Dismissal : Polkey Deduction – An Employment Tribunal approached Polkey by determining what the course of future events would be, rather than asking what the chances were. It had not set out the approach, nor had it asked what might have happened if unfair treatment in a number of respects identified in an earlier liability judgment had been remedied. A decision of 100% certainty that there would have been a fair dismissal, on the grounds of the employer’s belief as to the Claimant’s immigration status, when the evidence was both the employer and employee wished to continue the latter’s employment, and that only a matter of days after dismissal his entitlement in immigration law to work was recognised by the Home Office, was a surprising one since it allowed for no chance the result might have been otherwise.
Langstaff P J
[2014] UKEAT 0281 – 13 – 1802
Bailii
England and Wales
Employment
Updated: 03 December 2021; Ref: scu.525179