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What does a Polkey deduction mean?
A Polkey deduction is a deduction made from a compensatory award in an unfair dismissal case to reflect the chance that although a dismissal was procedurally unfair it would have happened in any case.
A claim for unfair dismissal may succeed on the grounds that the employer failed to follow a fair procedure in every respect. However, in such a case it will still be possible for an employer to argue that even if a fair process had been observed, the employee would still have been dismissed.
This can lead to any award for compensation being reduced – a ‘Polkey’ reduction – based on the tribunal’s view of the likelihood of dismissal occurring. The actual reduction is a matter for the discretion of the employment tribunal and can range from nil to 100%.
This principle was set out in the case of Polkey v AE Dayton Services Ltd [1987].
Is it a new dawn, a new day, and new way of life for employment? A comparison between Labour’s key proposals (in relation to some of which there is rhetoric it may be stepping back) and key steps that have already been taken or are being taken under the current Conservative government (denoted in blue)
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One of the stated aims includes acting as an incentive to parties to settle their disputes early through ACAS without the need for claims to be brought to an Employment Tribunal.
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Every April, the Government reviews and makes changes to employment laws, including a review of financial rates. Below we set out a summary of the proposed changes coming into effect in April and beyond.
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If you're an employee bringing a claim against your employer in an employment tribunal, you may be wondering who you should call as witnesses. Here are some things to consider when making your decision:
In the modern workplace, fostering a culture of inclusivity and ensuring equal treatment for all employees is a crucial aspect of employment law. Discrimination based on disabilities (which can include mental health conditions) is strictly prohibited in the United Kingdom. This article explores the legal framework in UK employment law that safeguards employees against discrimination and highlights the consequences faced by employers who fail to uphold these important principles.
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In recognition of the importance of employee well-being, employers in the UK are increasingly implementing well-being initiatives to support the mental health and overall well-being of their workforce. These initiatives, which can include employee assistance programs (EAPs) and wellness programs, aim to provide support, resources, and interventions that enhance employee well-being. This article explores the legal framework surrounding well-being initiatives in UK employment law and highlights the benefits and considerations for employers when implementing such programs.