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The Dock erty v FM Fabrications, Dock erty claimed that he had been badly fired by their employers, FM fiction. The Employment Tribunal held in favor Dock erty and ruled that the redundancy process Dock erty were selected for dismissal was unfair ways unfair dismissal. The Employment Tribunal ordered FM fiction paying Dock erty £ 17,997.40 in damages.
FM Fabrications appealed the decision to the employment Appeal Tribunal (“eat”) and argued that the Employment Tribunal had erred in law by considering Polkey reduction. If the decision is held to be procedurally unfair, the Employment Tribunal asks whether this failure would have eventually made a difference in the outcome. If not, then the benefits will be limited to the period it would take the proper procedure is carried out for a fair dismissal might have occurred. . This is commonly known as a Polkey reduction
the board ruled that:
▪ The ET had not considered whether Polkey reduction shall be
▪ The ET will face two-stage question the calculation of compensation for unlawful termination of
1) Would auction industries have resulted had the proper procedure been followed?; and
2) If so, what would that employment has been and what wages would be paid?
▪ The appeal was allowed and referred to employment tribunal for the new court.
Note :. Please contact us if you have any questions about the assessment of compensation for unfair dismissal
Email: enquiries@rtcoopers.com
© RT COOPERS, 2006. This Briefing Note does not provide a comprehensive or complete statement of the law on issues discussed nor does it include legal advice. It is intended to highlight general issues. Always sought expert legal advice in relation to certain conditions.
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