Arriva London Ltd v Eleftheriou - Polkey irrelevant to reinstatement [2012] EAT

A Polkey deduction as part of the tribunal's calculation of compensation has no bearing on the decision - which must be considered first - as to whether an employee should or should not be reinstated

Mr Eleftheriou was a bus driver of four year’s service with Arriva. He suffered an accident at home in January 2010 as a result of which he was unable physically to drive. Whilst he awaited surgery his manager decided, after an extend period of absence, to dismiss him on the basis it was highly unlikely that he would return to work on the date Mr Eleftheriou anticipated.

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