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GAB Robins (UK) Ltd v Triggs: CA 30 Jan 2008

The claimant had been awarded damages for unfair constructive dismissal. The employer appealed an award of damages for the period prior to the acceptance by the employee of the repudiatory breach. Held: Where a claimant’s losses arose before the dismissal actually occurred, she might have a separate claim for damages, but that claim was only … Continue reading GAB Robins (UK) Ltd v Triggs: CA 30 Jan 2008

MacCulloch v Imperial Chemical Industries Ltd: EAT 25 Nov 2009

EAT UNFAIR DISMISSAL: CompensationIn accordance with Employment Rights Act 1996 Section 123(7) the excess of an enhanced redundancy payment over the amount of a basic award reduces the compensatory award arrived at in accordance with Section 123(1).The Employment Tribunal erred in deducting an enhanced redundancy payment twice. Once from loss of entitlement or potential entitlement … Continue reading MacCulloch v Imperial Chemical Industries Ltd: EAT 25 Nov 2009

Dunnachie v Kingston-upon-Hull City Council: HL 15 Jul 2004

The claimant sought damages following his dismissal to include a sum to reflect the manner of his dismissal and the distress caused. Held: The remarks of Lord Hoffmann in Johnson -v- Unysis were obiter. The court could not, under the section, include any element for a non-financial loss, such as injury to feelings arising from … Continue reading Dunnachie v Kingston-upon-Hull City Council: HL 15 Jul 2004

Bruce v Dignity Funerals Ltd (Formerly SCI Funerals Ltd): EAT 22 Nov 2002

Judges: The Honourable Lord Johnston Citations: EATS/0015/02, [2002] UKEAT 0015 – 02 – 2211 Links: Bailii, EAT Statutes: Employment Rights Act 1996 123(1) Citing: Mentioned – Edwards v The Governors of Hanson School EAT 11-Jan-2001 EAT Unfair Dismissal – Procedural fairness/automatically unfair dismissal. . . Cited by: Appeal from – Dignity Funerals Limited v Bruce … Continue reading Bruce v Dignity Funerals Ltd (Formerly SCI Funerals Ltd): EAT 22 Nov 2002

Toni and Guys (St Paul’s) Ltd v Georgiou: EAT 19 Jul 2013

EAT Unfair Dismissal : Compensation – Correct method of calculating a week’s pay for the purposes of (a) basic award and (b) compensatory award for unfair dismissal.Appeal allowed in part; distinction drawn between the statutory regime applying to a week’s pay for the basic award under Part XIV, Chapter II Employment Rights Act 1996 and … Continue reading Toni and Guys (St Paul’s) Ltd v Georgiou: EAT 19 Jul 2013

Lambert v Vicomte Bernard De Romanet Ltd: EAT 18 Mar 2011

EAT UNFAIR DISMISSALProcedural fairness/automatically unfair dismissalCompensationContributory faultUnfair Dismissal under s98A(1) and 98(4) Employment Rights Act 1996. Employment Tribunal find 100% contribution and deduction under s123(1). No compensatory award (save in respect of loss of statutory rights).No error in Employment Tribunal approach. Ingram (UKEAT/0601/06. 23 April 2007. Elias P) considered and followed. Citations: [2011] UKEAT 0501 … Continue reading Lambert v Vicomte Bernard De Romanet Ltd: EAT 18 Mar 2011

Phoenix House Ltd v Stockman: EAT 5 Jul 2019

VICTIMISATION DISCRIMINATION – Detriment UNFAIR DISMISSAL – Reinstatement/re-engagement UNFAIR DISMISSAL – Compensation The ET did not err in law in – (1) concluding that in one respect the Respondent had committed an act of victimisation and public interest disclosure detriment (2) declining to order re-instatement or re-engagement for unfair dismissal (3) its approach to the … Continue reading Phoenix House Ltd v Stockman: EAT 5 Jul 2019

Compass Group UK and Another v Baldwin: EAT 5 Jan 2006

EAT Unfair Dismissal: Reasonableness of Dismissal and CompensationEmployment Tribunal correctly applied the objective test of the band of reasonable responses to the facts it found. Appeal against liability dismissed.On the basic award of compensation, it did not err when it did not reduce the award by 50% as it had for contributory fault in respect … Continue reading Compass Group UK and Another v Baldwin: EAT 5 Jan 2006

Soros and Another v Davison and Another: EAT 24 Jan 1994

The two employees who, after they were dismissed and their complaints of unfair dismissal were upheld by an industrial tribunal, but before the assessment of compensation, disclosed allegedly confidential information about their former employers to a national newspaper in breach of their continuing obligation of confidentiality under their contract of employment. The court was asked … Continue reading Soros and Another v Davison and Another: EAT 24 Jan 1994

Greco v General Physics UK Ltd: EAT 2 Aug 2016

EAT Practice and Procedure: Bias, Misconduct and Procedural Irregularity JURISDICTIONAL POINTS The Claimant complained that the Employment Tribunal (1) failed to determine some issues of sex discrimination which she put forward; (2) misapplied section 123(3) of the Equality Act 2010 by failing to find that the Respondent had been responsible for conduct extending over a … Continue reading Greco v General Physics UK Ltd: EAT 2 Aug 2016

Allen v Queen Mary University of London: EAT 11 Apr 2016

EAT Unfair Dismissal: Contributory Fault – The Employment Tribunal found that the Claimant had been unfairly dismissed but also that he ’caused or contributed to his dismissal by 100%’ and made no basic or compensatory award. It erred in law and gave insufficient reasons in its application of section 122(2) and section 123(1) and (6) … Continue reading Allen v Queen Mary University of London: EAT 11 Apr 2016

Williams v Amey Services Ltd (Unfair Dismissal: Contributory Fault): EAT 16 Feb 2015

Unfair Dismissal: Contributory Fault – Polkey deduction Employment Rights Act 1996 sections 122(2) (basic award) and 123(1) and (6) (compensatory award) Unfair Dismissal – Compensatory Award – Polkey reduction Eady QC HHJ [2015] UKEAT 0287 – 14 – 1602 Bailii Employment Rights Act 1996 122(2) 123(1) 123(6) England and Wales Employment Updated: 29 December 2021; … Continue reading Williams v Amey Services Ltd (Unfair Dismissal: Contributory Fault): EAT 16 Feb 2015

Singh v Glass Express Midlands Ltd (Unfair Dismissal – Polkey Deduction): EAT 15 Jun 2018

UNFAIR DISMISSAL – Polkey deduction UNFAIR DISMISSAL – Contributory fault UNFAIR DISMISSAL – Mitigation of loss Unfair dismissal – compensation – Polkey reduction – contributory fault – mitigation of loss The ET found the Claimant had been dismissed from his employment by reason of his conduct, after he had initiated an altercation with the Managing … Continue reading Singh v Glass Express Midlands Ltd (Unfair Dismissal – Polkey Deduction): EAT 15 Jun 2018