EAT Unfair Dismissal : Compensation – Unfair dismissal. The Claimant was dismissed by the Respondent. The Employment Tribunal found the dismissal unfair. On appeal the EAT allowed the appeal finding the dismissal fair. On appeal to the Court of Session the EAT decision was overturned and the ET decision was reinstated. The Respondent had sought to argue that the award made by the ET was excessive. The Court of Session remitted that matter to the EAT who in turn remitted to the ET to decide the matter on the basis of the facts already found. The ET determined a fresh award. The Respondents argued that the ET had failed to carry out the order of the EAT, as they had made fresh findings. Held that the ET had made findings in the second judgment which were contrary to those made by them in the first judgment. Appeal allowed and case remitted to the ET to determine the award in light of the findings made by them in the first judgment.
Lady Stacey
[2013] UKEAT 0010 – 13 – 2106
Bailii
England and Wales
Employment
Updated: 25 November 2021; Ref: scu.517535