City Research Online

Unfair dismissal: procedure, fairness and compensation

Higgins, E., Tatham, L., Duncan, N. J. & Doherty, M. (2006). Unfair dismissal: procedure, fairness and compensation. Law Teacher, 40(3), pp. 336-348. doi: 10.1080/03069400.2006.9993216


This article addresses those provisions of Employment Act (EA) 2002 (implemented on 1 October 2004) which introduce statutory disciplinary and grievance procedures. In particular, it will consider the impact of the new provisions on traditional approaches to procedural unfairness by employers, the doctrine established by the House of Lords in Polkey v A E Dayton Services and the calculation of compensation in these cases.

A significant recent decision of the Employment Appeal Tribunal, handed down by Elias P. has answered a number of questions about the meaning of statutory language which is described as ‘elusively vague’ by the President of the EAT. Inevitably, further questions remain.

Publication Type: Article
Additional Information: This is an Accepted Manuscript of an article published by Taylor & Francis in Law Teacher on 9 Sep 2010, available online:
Subjects: H Social Sciences > HD Industries. Land use. Labor
K Law > K Law (General)
Departments: The City Law School > Academic Programmes
PDF - Accepted Version
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