EAT Unfair Dismissal – Compensation – Polkey deduction – Unfair dismissal. Compensation. Tribunal found it likely that Claimant would not have been dismissed if a fair procedure had been followed and that 20% Polkey deduction appropriate. Tribunal posed itself the question of what would have been the Claimant’s salary if she had been kept on in the Respondent’s employment but failed to answer it despite having made findings in fact which showed it was likely that she would suffer a reduction in salary due to financial constraints being suffered by the Respondent’s business. Award set aside and a figure substituted which took account of the findings in fact regarding what, at the most, the Claimant could have earned. Cross appeal that Tribunal had wrongly applied the Polkey deduction to a separate award for failure to provide a statement of terms and conditions of employment conceded and the figure corrected accordingly.
Judges:
Lady Smith
Citations:
[2012] UKEAT 0079 – 12 – 1909
Links:
Jurisdiction:
England and Wales
Employment
Updated: 06 November 2022; Ref: scu.465538