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East Riding of Yorkshire Council v Strutt - Finding upheld of unfair selection for redundancy dismissal of a primary school teacher [2005] EAT

Two main issues arose re the £38K compensation awarded by the tribunal (i) what was the chance, had a proper selection procedure been followed, that Ms Strutt would have retained her employment (ie application of Polkey case); and (ii) pension loss (the Tribunal applied a "substantial loss approach", as opposed to the simplified approach set out in the "Guidelines prepared by a panel of Employment Tribunal chairmen", 3rd edition. EAT dismissed the East Riding's appeal as there was no error of law in the Tribuna's decision.

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