Polkey reductions
Article Abstract:
The British House of Lords ruled in the 1987 case of Polkey v. A.E. Dayton Services on the relevance of the unfairness of an employee dismissal when some procedure in a dismissal was unfair but the dismissal as a whole was fair. The question of whether the unfairness made any difference to the outcome for the employee was relevant to the compensation for unfair dismissal. If the tribunal finds there is doubt as to whether the employee would still have been dismissed, it should make a percentage assessment of the chance of dismissal and reduce the compensatory award to show that chance.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1999
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Excess redundancy pay deducted last
Article Abstract:
The British Court of Appeal held in Digital Equipment Co. Ltd. v. Clements that the excess of any redundancy payment made to an employee over the basic award for unfair dismissal must be deducted from the compensatory award after the Polkey reduction in compensation has been made to reflect the chance that the employee would have been dismissed in any event.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1998
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