How to convert a loss into a win - remedies in the Employment Tribunal

36 years ago, in its seminal decision in Polkey v AE Dayton Services Ltd, the House of Lords established the Polkey principle that has since applied in thousands of unfair dismissal cases in which employers have sought to argue that compensation should be reduced on the basis that the unfair dismissal was procedural only and had a fair procedure been followed, the employee would have been fairly dismissed.
We take the opportunity to look in detail at the sometimes neglected issue of remedies in the Employment Tribunal, including:
- Reinstatement and re-engagement
- Ways for an employer to mitigate a loss in the Tribunal and what evidence is needed to succeed
- Polkey reductions
- Contributory fault
- Claimant’s failure to mitigate their losses
- Pension Loss
- Settling the issue of remedy and the importance of tax considerations when doing so