The controversial statutory dismissal procedures remain in force but there has been little case law to assist practitioners with whether the uplift for failing to follow the procedures should be 10%, 50% or somewhere in between. When acting for employers in either procedure we always plead 50% reduction for employees failure and likewise when acting for employees when we say 50% uplift for employers failure. In the cases we have seen before the Tribunal the amount of the uplift/reduction varies wildly.
There has now been a case before the Employment Appeal Tribunal on the issue of uplift and Polkey deductions. You can read it here. The Tribunal in this case only applied an uplift of 10% which was appealed but the Employment Appeal Tribunal said that the Tribunal has a broad discretion and the Court would be reluctant to interfere with that discretion. What is your experience of the awards?