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.
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