brown_baxterEAT10
EAT UNFAIR DISMISSAL – Compensation
This was an appeal by the Claimant against the ET’s decision on amount of compensation for her automatically unfair dismissal. The Claimant advanced two grounds. Firstly, she complained that the uplift of 30% awarded for the employer’s failure to follow the statutory disciplinary procedures was too low and should, on the facts found, have been the maximum uplift. The appeal was dismissed, the uplift being held to be within the range of legitimate discretionary decision-making. The second ground challenged the ET’s decision that they had no power to award compensation for ‘stigma damages’ following an adverse reference to her new employers. Appeal dismissed. On the evidence and facts found the ET were entitled to conclude that the unfavourable reference was not in consequence of the dismissal within section 123 ERA, and Chagger v Abbey National did not assist the Claimant in this case.
Cox J
[2010] UKEAT 0354 – 09 – 0707
Bailii
Citing:
Distinguished – Chagger v Abbey National Plc and Another CA 13-Nov-2009
The claimant appealed against the limitation of 2% placed on the uplift of his award of damages for having failed to comply with relevant dispute procedures. The tribunal had found exceptional reasons for reducing the uplift given the size of the . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 01 November 2021; Ref: scu.420398
