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3) Polkey Cases

Section 98A of the Employment Rights Act 1996 is relevant to cases where there is a failure to follow procedures in unfair dismissal cases. The effect of the repeal of this position is that the procedural breaches will be dealt with in line with the Polkey v AE Dayton line of cases. This means that where a dismissal is found to be unfair on procedural grounds, a tribunal can reduce any compensation payable if it considers that the dismissal would have occurred anyway, had a fair procedure had been followed.