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.