EAT Unfair Dismissal: Compensation
Compensation for unfair dismissal was capped at 6 months’ forward losses on the ground that the Claimant would have been dismissed at that stage. Since the parties could make attempts to work together, applying Gover v Propertycare and cases cited in it, the Employment Tribunal could not sensibly recreate the world as it might have been and should not have reduced the losses. Equally, the judgment that the Claimant would have been made redundant at that time was perverse, since the evidence of the Respondent, on whom the burden of proving that loss should be capped lies was that the service of which the Claimant was the lynchpin would have continued.
Judges:
His Honour Judge McMullen Qc
Citations:
[2006] UKEAT 0477 – 05 – 0702, UKEAT/0477/05, [2007] IRLR 155
Links:
Cited by:
Appeal from – Scope v Thornett CA 27-Nov-2006
The employee was an engineer. She worked on field assessments and in the manufacture and adaptation of equipment. She was suspended for alleged bullying and harassment and given a final written warning. It was proposed that she should be relocated . .
Cited – Software 2000 Ltd v Andrews etc EAT 17-Jan-2007
EAT Four employees successfully established before the Employment Tribunal that they had been unfairly dismissed for redundancy. The Tribunal found that there had been procedural defects. In particular the . .
Cited – Enfield Technical Services Ltd v Payne; Grace v BF Components Ltd EAT 25-Jul-2007
EAT Unfair dismissal – Exclusions including worker/jurisdiction
These two appeals consider the circumstances in which contracts will be considered illegal so as to preclude an employee from taking claims . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 11 July 2022; Ref: scu.257742