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Appeal against Polkey reduction


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I won my ET case for unfair dismissal. At the hearing the judge said my employer had broken virtually all parts of the ACAS code and that my award would be increased by 25%. When the formal judgement was sent to me it stated my award was reduced to nil as a result of a Polkey reduction of 100%.

 

Is there any point in appealing against this decision?

 

Is there any relevant case law or notes I can access?

 

Wallace

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One can take an appeal to the EAT but it is more common to have a barrister represent you, this is because cases that are appealed are done on points of law. That means that you have to know the law, cases and the legal arguments that are ancillary to them. People that represent themselves, that are not trained in the law, are at a distinct disadvantage because of this.

 

I don't know about this Polkey reduction but just looked it up. It seems to suggest that you won your judgement but on the facts the employer would have sacked you in any event and the unfair procedural points you won on merely delayed the inevitable. Is this a fair assessment of what happened? If not perhaps you could explain in detail what happened.

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