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Hill v G & R Pollard Engineering - Unfair dismissal, compensation, and reductions [2012] EAT

It is for an Employment Tribunal to assess compensation, including any reduction for contributory fault and any cut-off date by which it considers alternative employment should be found, based on the facts found on the evidence before it, which includes its own local knowledge.

When Mr Hill brought a claim for constructive unfair dismissal, an Employment Tribunal found in his favour. However, when calculating his compensation and following a Review of its judgment on compensation, it reduced it by 50% to reflect Mr Hill's contribution to his own dismissal (the "Discount decision"), calculated losses only to 31st December 2009 (6 weeks after the hearing) (the "Cut Off date decision"), and then applied a 40% uplift for failure to follow the then-applicable statutory dismissal procedures. 

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