Employment law cases

Digital Equipment Co Ltd v Clements (No.2) [1997] IRLR 140 EAT

Reports relating to this case:

  • Unfair dismissal remedies: All termination payments deducted before "Polkey reduction"

    Date:
    15 March 1997

    In Digital Equipment Co Ltd v Clements (No.2), the EAT holds that, in calculating the compensatory award for unfair dismissal, any termination payment the employee received from the employer should be deducted from his or her loss caused by the dismissal before reducing that net loss by the percentage chance, if any, that he or she would have been retained had the employer acted fairly.