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Kingston Transport (T/A Sussex Skips) v Sanders: EAT 23 Apr 2012

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:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 31 October 2022; Ref: scu.459928

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