Unfair redundancy dismissal: 75% Polkey reduction for asbestos supervisor
An asbestos supervisor unfairly dismissed for redundancy was awarded £3,298 after a 75% Polkey reduction. The tribunal found the dismissal unfair but applied a large reduction for the chance of fair dismissal.
1 min read · Last updated 19 May 2026
Case details
- #redundancy
- #polkey-deduction
- #mitigation-of-loss
- #temporary-employment
- #future-loss
Key facts
- The claimant was employed as an asbestos supervisor from 12 October 2015 until 13 January 2023.
- The claimant was laid off on 21 October 2022 and not required to work until dismissal.
- The respondent dismissed the claimant for redundancy but the dismissal was unfair.
- The tribunal applied a 75% Polkey reduction to the compensatory award.
- The claimant obtained temporary employment as a general labourer from 27 May 2023.
- The claimant's temporary employment was likely to end on 23 October 2023 with reduced hours thereafter.
Timeline
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Employment started
Claimant commenced employment as an asbestos supervisor with Safe Strip UK Ltd.
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Laid off
Claimant was laid off due to lack of work.
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Non-payment of wages began
Claimant's salary was not paid from this date.
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Effective date of termination
Claimant was notified of dismissal on this date.
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Job applications began
Claimant started making concerted job applications from March 2023.
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Obtained temporary employment
Claimant started working as a general labourer through an agency.
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Liability hearing day 1
Tribunal heard evidence on liability for unfair dismissal and unlawful deductions.
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Liability judgment
Tribunal found unfair dismissal and unlawful deduction from wages, with 75% Polkey reduction.
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Remedy hearing
Tribunal determined compensatory award.
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Remedy judgment
Final judgment issued with compensatory award of £3298.03.
The legal issue
The tribunal had to determine the compensatory award for unfair dismissal, including the appropriate Polkey reduction (the chance the employee would have been dismissed fairly) and whether the employee had failed to mitigate his loss.
The outcome
The tribunal found that the asbestos supervisor was unfairly dismissed for redundancy. However, it applied a 75% Polkey reduction, meaning the employee only received 25% of his net loss.
Compensation breakdown:
- Basic award: £0 (extinguished by redundancy payment)
- Compensatory award: £3,298.03
- Loss of statutory rights: £524.35
- Net loss of earnings (after Polkey reduction and mitigation): £2,773.68
- Total compensatory award: £3,298.03
Lessons & takeaways
- A Polkey reduction can significantly reduce compensation if the tribunal believes the employee would have been fairly dismissed anyway.
- Mitigation of loss is crucial: actively seeking work and accepting temporary employment can reduce the compensatory award but also limit the period of loss.
- Redundancy payments and pay in lieu of notice are deducted from the compensatory award, so they reduce the final payout.
- Even if a dismissal is unfair, the employee must prove their losses and the tribunal will consider what would have happened in a fair process.
A redundancy dismissal that was unfair but heavily discounted
This case shows how an unfair dismissal claim can succeed but still result in a modest award due to a Polkey reduction. The asbestos supervisor had seven years' service and was laid off in October 2022, then dismissed in January 2023 for redundancy. The tribunal found the dismissal was procedurally unfair, but applied a 75% Polkey reduction because there was a high chance the employee would have been fairly dismissed anyway.
What Safe Strip UK Limited could have done differently
The employer could have followed a fair redundancy process, including proper consultation and objective selection criteria. By failing to do so, they exposed themselves to a claim for unfair dismissal. However, the tribunal accepted that redundancy was the real reason, so the Polkey reduction reflected the likelihood that a fair process would still have led to dismissal.
Why this result matters for similar claims
This case is a reminder that even when a dismissal is unfair, compensation can be heavily reduced if the employer can show that a fair process would have made no difference. Employees should also be aware that they must mitigate their loss by seeking work, and that any earnings from temporary employment will be deducted from their award. The total award of £3,298 was relatively low because the employee found temporary work and because of the Polkey reduction.
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