What is Polkey?

The Polkey point is an argument that Respondents commonly pursue in unfair dismissal claims, where they argue that the unfairly dismissed employee could have been dismissed fairly at a later date or if a proper procedure had been followed.

The Polkey reduction may also arise in discrimination claims. An employer can argue that the employee would have been dismissed at any event for non-discriminatory reasons, as established in Abbey National Plc v Chagger [2010] ICR 397.

Farore Law is a leading boutique law firm that has a wealth of experience in advising senior executives on employment matters. We are well placed to provide appropriate advice regarding the enforceability of contractual terms, seeking a settlement agreement and commencing or defending litigation in the High Court or the Employment Tribunal.

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