EAT UNFAIR DISMISSAL: Compensation
Only issues were (i) the extent of any Polkey deduction and (ii) compensation. Tribunal found that there was a 51% chance of the claimant retaining his employment had the appropriate procedures been followed but that that would have been on the basis of a lower salary. Compensation assessed on the basis of the lower salary not on the basis of the higher, pre dismissal salary. On appeal in which the only issue was the approach to the assessment of compensation, held that the tribunal had not erred in proceeding on the basis of the lower salary.
Citations:
[2009] UKEAT 0045 – 08 – 0701
Links:
Employment
Updated: 23 July 2022; Ref: scu.304517