UNFAIR DISMISSAL – Polkey deduction
Upon a remission by the EAT to reconsider its Polkey decision without any further evidence, the ET concluded that there was a 75% chance that the Claimant would have been dismissed on the same date in any event. The Claimant appealed on the basis that the ET had again not properly considered the remitted question and sought remission to a fresh Tribunal; the Respondent cross-appealed on the basis that the ET had fettered its decision by limiting the percentages to ‘quarters’ and that on its findings the appropriate deduction was 90%. The appeal and cross-appeal were dismissed.
Citations:
[2018] UKEAT 0179 – 17 – 1302
Links:
Jurisdiction:
England and Wales
Employment
Updated: 22 April 2022; Ref: scu.616873