Samels v The University For The Creative Arts - Percentage of Polkey deduction question of fact for tribunal [2011] EAT

Having found a dismissal procedurally unfair an Employment Tribunal must consider whether it should make a Polkey reduction to reflect the chance that dismissal would have followed a fair process in any event. It is a matter for fact for the tribunal to determine what that percentage chance may be.

The University had to make substantial staff savings and a redundancy situation existed by 2009. Mr Samel held a post which the University decided should be merged with a second to form a new single post. However, three alternative posts were offered to Mr Samels which he declined, and hence he was dismissed on grounds of redundancy.

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Case Summary Tag: 

Login or subscribe (includes subscription information) to access the full content of this page.