GFTU Emplaw Emplaw Emplaw

Lawless v Print Plus - Statutory dismissal procedure uplifts and Polkey reductions [2010] EAT

Observations in an unfair dismissal case on (1) uplifts in the case of a failure to follow statutory dismissal procedures and (2) Polkey reductions - which should not be based on an assessment of when a dismissal would anyway have occured "on balance of probabilities", since a claimant is entitled to compensation for any lost chance he might have been able to continue in employment.

In February 2008 Print Plus in Hereford made Mr Lawless redundant. He challenged his dismissal and won, with the employment tribunal ruling that his dismissal was automatically unfair under Employment Rights Act 1996 sec 98A(1), for failure to follow the then applicable stautory dismissal procedures.

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