EAT UNFAIR DISMISSAL
Reinstatement/re-engagement
Compensation
The claimant was found to have been unfairly dismissed. He sought re-engagement. The Employment Tribunal refused an order of re-engagement and assessed compensation on the assumption that once the claimant had obtained another job that set the limit to the loss flowing from the dismissal. In fact he was dismissed at the end of the probationary period.
In refusing to order re-engagement the Tribunal took account of the fact that an offer had been made in without prejudice negotiations. The claimant contended that this should have been ignored, and that in any event any compensation should have included the losses flowing from the second dismissal.
The EAT agreed that save for the possibility that the without prejudice protection had been waived, the fact that the offer had been made should not have been disclosed. The matter was remitted to a fresh tribunal to consider that question.
The EAT upheld the appeal on compensation and held that in the circumstances of this case, the Tribunal could not properly limit compensation to the date of obtaining the new employment. The losses incurred after the loss of that job were also in principle recoverable.
Citations:
[2008] UKEAT 0473 – 07 – 0603
Links:
Employment
Updated: 14 July 2022; Ref: scu.266208