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Home » Employment Law » Appeal against Polkey reduction

17/12/2011 23:56:29

Wallace
Wallace
Posts: 1
I won my ET case for unfair dismissal. At the hearing the judge said my employer had broken virtually all parts of the ACAS code and that my award would be increased by 25%. When the formal judgement was sent to me it stated my award was reduced to nil as a result of a Polkey reduction of 100%.

Is there any point in appealing against this decision?

Is there any relevant case law or notes I can access?

Wallace
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18/12/2011 19:22:54

www.clicklegalservices.co.uk
www.clicklegalservices.co.uk
Administrator
Posts: 374
There is a very short time limit on applying for a review of the tribunal decision, which is for example, where new evidence came to light after the decision - but which was not reasonably available at the time. An appeal lies to the Employment Appeal Tribunal on a point of law this probably does not apply here. A polkey reduction is where the tribunal finds that whilst the dismisaal was unfair, the evidencewas that even if a fair procedure had been adopted, the dismissal would have happened anyway.
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