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Unfair dismissal remedies: No Polkey reduction where lack of consultation went "to the heart" of unfairness

This report relates to 1 case(s)

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    King and others v Eaton Ltd (No.2) [1998] 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) [1998] 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.