EAT UNFAIR DISMISSAL
Reason for dismissal including substantial other reason
Polkey deduction
The Employment Tribunal misunderstood the basis of a Polkey reduction and made no deduction as it concluded that were there to be a further dismissal process the Respondent would again not conduct a fair procedure. The Employment Tribunal held that the proper approach to a Polkey deduction was to assume that the employer would have carried out a proper procedure.
At the parties’ invitation and with their agreement, and in order to save the expense of a further hearing the Employment Appeal Tribunal assessed the appropriate Polkey deduction.
Judges:
Serota QC J
Citations:
[2012] UKEAT 0035 – 12 – 2304
Links:
Jurisdiction:
England and Wales
Employment
Updated: 31 October 2022; Ref: scu.459928