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Unfair dismissal remedies: Termination payment deducted before "Polkey deduction"

This report relates to 1 case(s)

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    Cox v London Borough of Camden [1996] IRLR 389 EAT (0 other reports)

In Cox v London Borough of Camden [1996] IRLR 372, the EAT holds that, in calculating an unfair dismissal compensatory award, an industrial tribunal should deduct any payment made by the employer to the employee on dismissal - such as pay in lieu of notice or an ex gratia payment - before making any deduction which takes account of a finding by the tribunal that, even if the employer had taken the appropriate procedural steps, there was still a measurable risk that the employee would have lost his or her job. The termination payment is deducted in calculating the loss sustained by the employee in consequence of the dismissal.