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"Polkey reduction" requires percentage assessment

This report relates to 1 case(s)

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    Fisher v California Cake & Cookie Ltd [1997] IRLR 212 EAT (0 other reports)

In Fisher v California Cake & Cookie Ltd [1997] IRLR 212, the EAT holds that in determining, for the purposes of unfair dismissal compensation, the hypothetical question of whether a fair procedure would have made any difference to the employer's decision to dismiss, it is for the industrial tribunal to arrive at its own conclusion after its own investigation. Once the tribunal determines that the evidence at least supports the position that dismissal would have occurred in any event, it must thereafter decide whether or not dismissal would have occurred as a matter of probability, to be assessed in percentage terms.