EAT UNFAIR DISMISSAL – Calculation of compensatory award
Having been unfairly dismissed, the employee took short term lower paid employment. But after a few weeks she fell ill and incapable of work. The Employment Tribunal made a compensatory award of 40 weeks from dismissal assessed at the difference between her old and new pay rates. On appeal, the employer argued:
(1) Supervening and incapacitating ill-health should have triggered a cut-off to the compensatory award; or
(2) After she became ill, the former employee suffered no loss because she received statutory sick pay from the new employer at same rate the old employer would have paid.
Appeal allowed on ground 2. Compensatory award reduced to actual loss (i.e. difference between old pay and new pay for the weeks the employee had been able to work).
Appeal did not succeed on ground 1 because the law recognised no such cut-off.
Judges:
Luba QC R
Citations:
[2013] UKEAT 0382 – 12 – 2301
Links:
Jurisdiction:
England and Wales
Employment, Damages
Updated: 14 November 2022; Ref: scu.471778
