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Cex Ltd v Lewis

This report relates to 1 case(s)

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    CEX Ltd v Lewis EAT/0013/07 (1 other report)

    • Unfair dismissal compensation: Percentage uplifts and Polkey reductions

      Date:
      10 December 2007

      In CEX Ltd v Lewis EAT/0013/07, the EAT held that evidence that a dismissed employee might not have been retained even if fair procedures had been followed should not have been ignored by a tribunal when it decided to make no Polkey reduction to the compensation awarded. The tribunal was, however, entitled to award just the minimum 10% uplift to compensation for the automatically unfair dismissal on the basis that the employer was ignorant of the statutory dismissal procedures that it should have followed.

statutory disciplinary and dismissal procedures | compensation uplift

In Cex Ltd v Lewis EAT/0013/07, the Employment Appeal Tribunal (EAT) has considered the uplift in the compensation that employment tribunals can award where an employer had failed to follow the statutory disciplinary and dismissal procedure.

A dismissal will be held to be automatically unfair where an employer has failed to comply with a requirement of the relevant dismissal and disciplinary procedure.