The tribunal had found the claimant to have been unfairly dismissed. The employer had made a payment in satisfaction of his statutory redundacy payment. He appealed an award by the EAT which deducted that payment from his compensation award.
Held: The payment could only be deducted if there had actually been a redundancy. If there had not actually been a redundancy, the basic award was not to be reduced by an ex gratia payment which purported to be a redundancy payment.
Citations:
Independent 03-May-1995, Times 21-Apr-1995, [1995] IRLR 553
Statutes:
Employment Protection (Consolidation) Act 1978 79(3)
Jurisdiction:
England and Wales
Citing:
Appeal from – Allmakes Ltd v Boorman EAT 26-Mar-1993
The company had when terminating the claimant’s employment paid him a sum stated to include his statutory redundancy entitlement. The tribunal had found him to have been unfairly dismissed.
Held: The payment should have been deducted from his . .
Cited by:
Appealed to – Allmakes Ltd v Boorman EAT 26-Mar-1993
The company had when terminating the claimant’s employment paid him a sum stated to include his statutory redundancy entitlement. The tribunal had found him to have been unfairly dismissed.
Held: The payment should have been deducted from his . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 08 April 2022; Ref: scu.78485