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Unfair dismissal remedies: Onus on employer to justify Polkey reduction

This report relates to 2 case(s)

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    Davis v Freeman Dawson & Co Ltd EAT/543/94 (0 other reports)

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    RD Technology Ltd t/a Woodley Electronics v Graham EAT/924/94 (0 other reports)

Where a dismissal is found to be unfair because of procedural shortcomings, it is for the employer to adduce evidence to show that the employee might have been dismissed even if the procedures had been fair, and that on that basis the industrial tribunal should reduce compensation in accordance with the Polkey principle. The EAT addresses this issue in two recent cases.