Unfair dismissal: Assessment of compensation

In Software 2000 Ltd v Andrews and others EAT/0533/06 the Employment Appeal Tribunal held that where a procedurally unfair dismissal has not been rendered fair by the operation of s.98A(2) of the Employment Rights Act 1996, the tribunal must nevertheless consider if there is evidence to suggest that a fair procedure might have led to dismissal, thereby justifying a percentage reduction in compensation under Polkey. The tribunal must also consider if the employment might have ended prematurely for some other reason that should be reflected in reduced compensation.