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Key Organics Ltd v Billington - Tribunal's reasoning behind Polkey assessment simply could not be understood [2010] EAT

Example of a case where a tribunal had assessed the Polkey element of procedurally unfair dismissal decision at a 25% chance of getting alternative employment - but its reasoning simply could not be understood.

Dr Billington was employed by industrial chemists Key Organics as chief operating officer. Reductions in size in 2005/6 saw the appointment of a new managing director Dr Harris. Dr Harris had a brief to improve the company's fortunes, and concluded that there was no need for a chief operating officer.  His suggestions were approved and Dr Billington was told that he would made redundant due to the management restructure. There was no discussion or consultation before he was dismissed. He was asked whether he would like alternative employment as a chamist on £33,000 pa - he had previously been on £80,000, so unsurprisingly took that suggestion no further.

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