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CEX Ltd. v Lewis - Polkey and the chance of not being dismissed at all [2007] EAT

Mr Lewis was made redundant by CEX in circumstances which were found by a tribunal to be automatically unfair due to breach of the statutory dismissal procedures set out in the Employment Act 2002. When assessing compensation the tribunal concluded that, if proper procedures had been followed, there was a 100% chance that Mr Lewis would have been retained. It therefore made no "Polkey" reduction. CEX appealed.

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