EAT UNFAIR DISMISSAL: Compensation
DISABILITY DISCRIMINATION: Compensation
In the Sheffield Forgemasters case, the claimant succeeded in claims for various types of disability discrimination against her former employer.
In the Telindus case the claimant succeeded in a claim for unfair dismissal against her former employer.
In both cases, the claimants claimed compensation for loss of future earnings in respect of periods when they were receiving incapacity benefit.
The Employment Tribunal in each case held that receipt of disability benefit did not preclude the claimants from claiming compensation for loss of earnings during the same period.
Issues on appeal were the Employment Tribunal correct (a) in each case to hold that receipt of disability benefit did not preclude the claimants from claiming compensation for loss of earnings during the same period; and (b) in Telindus to reject the respondent’s contention that the claimant had failed to mitigate her loss.
[2008] UKEAT 0143 – 08 – 0711, [2009] IRLR 192, [2009] ICR 333
Bailii
England and Wales
Employment, Discrimination
Updated: 02 November 2021; Ref: scu.277635