Michael Duggan QC has succeeded on a cross appeal in Lenlyn UK Limited v Kular UKEAT/0108/16/DM in which a Tribunal made a finding of unfair dismissal reducing the compensation under Polkey by 75% but then applying a further 30% contribution. Mrs Justice Laing considered that the 75% deduction needed to be reconsidered since the Tribunal appear to have applied the test of considering what this employer would have done as opposed to a reasonable employer. Furthermore, the overlap between the two deductions, both based on conduct, created a real risk that the Claimant was being penalised twice. The case is of interest in circumstances where Polkey is relied on to argue that the dismissal for misconduct would have occurred anyway and there is also reliance on contribution. The Tribunal must be careful not to double count.
