EAT Unfair Dismissal – Various issues of quantum resolved in respect of appeal against Remedies Decision relating to earlier finding in favour of Appellant of detriment due to protected disclosure (s47B) and automatic unfair dismissal (s103A). Primary points were (i) in a case where there was 2.5% pa discount for accelerated payment in respect of some elements of award, also proper to award 2.5% pa premium for delayed payment of others as part of just and equitable compensation, even though interest not statutorily awardable (ii) the Employment Tribunal was correct to restrict compensation for injury to feelings under s47B by stopping it when it concluded that the repudiatory breaches subsequently accepted as constructive dismissal began, rather than as at the date of the constructive dismissal (iii) the Employment Tribunal did not err in reducing compensation by 50% on the just and equitable ground by reference to blameworthy conduct which was not contributory fault by reference to percentage chance of fair termination resulting from that conduct (Devis v Atkins).
Judges:
The Honourable Mr Justice Burton
Citations:
UKEAT/0339/04, [2004] UKEAT 0339 – 04 – 1711, [2005] IRLR 449, [2005] ICR 874
Links:
Citing:
See Also – A V Melia v Magna Kansei Ltd EAT 16-Nov-2004
EAT Unfair Dismissal – Exclusions including worker . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 29 June 2022; Ref: scu.222816