polkey
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Siddons v The Tontine Hotel: Aitken v The Tontine Hotel UKEATS/0054/10/BI
Appeals against a ruling that the claimant’s dismissals were substantively, as well as procedurally, unfair and the ET was not entitled to apply a Polkey reduction to the basic and compensatory awards. Cross-appeal against a ruling that the dismissals were procedurally unfair. Appeals dismissed, cross-appeal allowed and findings of fair dismissal were substituted.
- cases
07/08/2011 16:54
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Ventrac Sheet Metals Limited v Fairley UKEATS/0064/10/BI
Appeal against the compensation awarded to the successful claimant, where no Polkey reduction had been made. Appeal allowed and a Polkey reduction of 35% was made.
- cases
17/07/2011 20:27
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Frew v Springboig St John's School UKEATS/0052/10/BI
Appeal against a Polkey reduction of 100% in a case where the dismissal of the claimant was held to be procedurally unfair. Appeal allowed and remitted to the ET to consider the Polkey issue anew, as well as contributory fault and the basic award.
- cases
10/06/2011 17:50
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Scottish & Southern Energy Plc v Innes UKEATS/0043/10/BI
Appeal against a decision by the ET that i) a Polkey deduction should not be applied to the compensation awarded to the claimant as a result of a successful automatic unfair dismissal claim and ii) a deduction of 15% should be made in respect of contributory fault. Appeal allowed and remitted to a different Tribunal for a re-hearing.
- cases
27/05/2011 10:23
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Sanders v Kingston Transport Limited UKEAT/0469/10/DA
Appeal by respondent against decision not to reduce an award on a Polkey basis. Remitted to reconsider the deduction point.
- cases
07/05/2011 11:48
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Kurumuth v NHS Trust North Middlesex University Hospital UKEAT/0524/10/CEA
Appeal by claimant against dismissal of unfair dismissal and breach of contract claims where the claimant's immigration status was in doubt. Appeal allowed on the breach of contract claim but other appeal dismissed..
- cases
26/04/2011 16:56
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Pybus v Geoquip Ltd UKEAT/0093/10/SM
Appeal against a remedy judgment which was made after a successful claim of unfair dismissal. Appeal allowed in part.
- cases
15/04/2011 16:27
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Eversheds Legal Services Ltd v De Belin UKEAT/0352/10/JOJ
Appeal against a ruling that the respondent had discriminated against the claimant on the basis of his sex and that he had been unfairly dismissed. Appeal also on remedy which was set at 3 years loss of earnings. Appeal on liability dismissed, appeal on remedy allowed and remitted to a fresh Tribunal.
- cases
11/04/2011 10:00
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DGF Ltd v O'Neil UKEAT/0197/10/CEA
Appeal against a finding of unfair dismissal and a ruling that no Polkey deduction should be made. Appeal allowed on the Polkey point alone and remitted to the same Tribunal to be determined on the submissions of the parties only; no further evidence would be allowed to be adduced.
- cases
11/04/2011 09:59
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DLA Piper UK Management Services Ltd v Codyre UKEAT/0323/10/RN
Appeal against a finding of unfair dismissal by reason of redundancy. Appeal allowed in parts.
- cases
11/04/2011 09:58