Audsley v Riverside Industrial Equipment Ltd

Unfair dismissal – Compensation. In determining the level of basic and compensatory awards to which the employee was entitled following a finding of unfair dismissal by the employment tribunal (the tribunal), the Employment Appeal Tribunal held that the tribunal's failure to make a reduction pursuant to Polkey v AE Dayton Services ([1987] All England LR 974) was puzzling given its finding of 50% contributory fault on the employee's part. Further, the operation of s 123(6) of the Employment Rights Act 1996 did not permit the differential treatment of different elements of a compensatory award.

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