Partial reversal of Polkey

• Author:
• Daniel Barnett

The Employment Appeals Tribunal (EAT) has handed down another decision dealing with the controversial interpretation of s98A(2) of the Employment Rights Act 1996.

This provision, often referred to as the partial reversal of Polkey, states that "a failure by an employer to follow a procedure in relation to the dismissal of an employee shall not be regarded...as by itself making [the dismissal unfair] if he shows that he would have decided to dismiss the employee if he had followed the p... (176 more words)

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