Ratio Decidendi
An employer cannot argue that a failure to follow a fair procedure made no difference to the outcome. Procedural fairness is an essential element of a fair dismissal. However, if the tribunal finds that dismissal would have occurred anyway, compensation may be reduced accordingly (the 'Polkey reduction').
ข้อเท็จจริง
Mr Polkey was made redundant without any prior warning or consultation. The employer argued that consultation would have made no difference to the outcome.
สรุปคำพิพากษา
The House of Lords held the dismissal was unfair due to lack of consultation. The 'no difference' argument could not make an unfair dismissal fair, but could be relevant to the amount of compensation.
คำกล่าวสำคัญ
"An employer having prima facie grounds to dismiss will in the great majority of cases not act reasonably in treating the reason as a sufficient reason for dismissal unless and until he has taken the steps, conveniently classified in most of the authorities as 'procedural', which are necessary in the circumstances."
— Lord Bridge
การอ้างอิงภายหลัง
The Polkey principle and Polkey reduction remain central to unfair dismissal law.