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Unfair dismissal compensation: Percentage uplifts and Polkey reductions

This report relates to 1 case(s)

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

    • Cex Ltd v Lewis

      30 August 2007

      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.

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.