Burnley BC v Davies & Others - Tribunal's speculation leading to Polkey reduction was not perverse [2009] EAT

In 1989 Burnley introduced a car rental scheme for employees, but by 2005 this was unsustainable and was being phased out. Mrs Davies and others formed a Car Lease User Group (CLUG) and suggested terms on which they would agree to their employment contracts being changed so as to remove the car rental scheme. Revised proposals from management, and a number of meetings followed, as a result of which some staff accepted the changes but the CLUG staff would not. The CLUG staff were given three months notice of termination of contract coupled with an offer of re-engagement on terms that did not include the car scheme. The CLUG staff accepted under protest, and claimed unfair dismissal at an employment tribunal.

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