Unfair dismissal remedies: No Polkey reduction where lack of consultation went "to the heart" of unfairness
This report relates to 1 case(s)
King and others v Eaton Ltd (No.2)  IRLR 686 CS (0 other reports)
An employer found to have dismissed employees for redundancy unfairly because of a lack of consultation was not entitled to adduce further evidence at the remedies hearing as to the employees' individual redundancy assessments with a view to showing that, even if there had been consultation, the employees would still have been dismissed, holds the Court of Session in King and others v Eaton Ltd (No.2)  IRLR 686. In this case, the lack of consultation went "to the heart of the matter", and in that situation the employment tribunal was justified in refusing to "embark upon a sea of speculation" about what might have happened so as to enable the employer to argue for a Polkey reduction in compensation.