Digital Equipment Co Ltd v Clements (No.2) [1998] IRLR 134 CA

Unfair dismissal remedies: Excess redundancy pay deducted last

Date:

15 February 1998

The excess of any redundancy payment made to an employee over and above the basic award for unfair dismissal (that is, the equivalent of any statutory redundancy payment which is due) must be deducted from the compensatory award after any Polkey reduction in compensation has been made to reflect the percentage chance that the employee would have been dismissed in any event, holds the Court of Appeal in Digital Equipment Co Ltd v Clements.