The EAT has handed down a decision containing a superb summary of the Polkey principle, and its interaction with s98A of the ERA 1996. Importantly, Elias P. (presiding) bangs yet another nail in the coffin of tribunals which avoid making a Polkey reduction on the basis that it is too speculative.
Print off, frame, and hang para. 54 of this judgment on your wall...
[Thanks to Daniel Tatton-Brown of Littleton Chambers, Counsel for the successful employees, for telling me about this case]
Software 2000 v Andrews