In Gover and others v Propertycare Ltd, the EAT holds that, in an unfair dismissal case, a Polkey reduction may be applied to the compensatory award if the employment tribunal can sensibly reconstruct the world as it would have been had the unfairness not occurred, and forms a view that the employee would have been dismissed in any case.
In Arriva North West & Wales v Colebourn, the EAT holds that the employment tribunal erred in excluding additional evidence that was adduced at a second internal appeal on the grounds that it could be taken into account only if there was a complete re-hearing.
In Amicus v Nissan Motor Manufacturing (UK) Ltd, the EAT holds that the tribunal was correct to find that consultation by an employer proposing to relocate 62 employees took place "in good time", despite the fact that the employer failed to consult the union until three weeks before the affected employees had to indicate their willingness to be relocated.
In Land Securities Trilium Ltd v Thornley, the EAT holds that, when deciding whether there has been a change in job duties, the tribunal may look not only at how the duties were described in the employee's original job description, but also at the actual work she had been given.