EAT UNFAIR DISMISSAL: Compensation Contributory fault
Where an employee suffered illness partly as a result of the employer’s conduct and partly for other reasons an Employment Tribunal must make careful findings and follow the guidance of cases such as Seafield Holdings Ltd (trading as Seafield Logistics v Drewett [2006] ICR 1413. It should also attempt to determine whether the illness was caused by breach of the implied alleged duty of trust and confidence or by wrongful dismissal; see GAB Robins (UK) Limited v Triggs [2008] EWCA Civ 17 and GMB Trade Union v Brown [2007] UKEAT/0621/06.
Citations:
[2008] UKEAT 0098 – 08 – 2205
Links:
Jurisdiction:
England and Wales
Citing:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 19 July 2022; Ref: scu.273196