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Burgess v Bear Stearns International Ltd - Tribunal's approach to Polkey - Assuming that is what it was - Was flawed [2011] EAT

A tribunal considering a Polkey reduction in compensation must be guided by its assessment, based on the available evidence, as to how the employer would have acted (subject always to the limits of reasonableness), rather than by its view of how it itself might have acted. 

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