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Unfair dismissal: Reduction appropriate if 'sensible reconstruction of world' is possible

This report relates to 1 case(s)

  • expand disabled

    Gover and others v Propertycare Ltd EAT/0458/05 (0 other reports)

Key points

In Gover and others v Propertycare Ltd UKEAT/0458/05/ZT, the EAT holds:

  • In an unfair dismissal case, a Polkey reduction may be applied to the compensatory award if the employment tribunal can sensibly reconstruct the world as it would have been had the unfairness not occurred, and forms a view that the employee would have been dismissed in any case.
  • Determining whether the unfairness is "merely procedural" or "substantive" will be unnecessary.