Davis v Freeman Dawson & Co Ltd EAT/543/94

Reports relating to this case:

  • Unfair dismissal remedies: Onus on employer to justify Polkey reduction

    1 April 1996

    Where a dismissal is found to be unfair because of procedural shortcomings, it is for the employer to adduce evidence to show that the employee might have been dismissed even if the procedures had been fair, and that on that basis the industrial tribunal should reduce compensation in accordance with the Polkey principle. The EAT addresses this issue in two recent cases.