Beijing Ton Ren Tang (UK) Ltd v Wang: EAT 14 Oct 2009

EAT UNFAIR DISMISSAL: Mitigation of loss
PRACTICE AND PROCEDURE: Bias, misconduct and procedural irregularity
CONTRACT OF EMPLOYMENT: Sick pay and holiday pay
Principles to be applied when considering whether the Respondent has shown that the Claimant had failed to mitigate her loss.
Whether a procedural irregularity occurred below in relation to ‘agreed’ wages figures or whether ET gave sufficient notice of its intention to assess the figures on basis of evidence put before them.
Whether contractual claim for pay in lieu of unused holiday entitlement following termination of the employment offended reg. 35(1)(a) WTR 1998.
Appeal dismissed.


[2009] UKEAT 0024 – 09 – 1410




Updated: 04 August 2022; Ref: scu.376157