Cumbria County Council and Another v Bates: EAT 13 Aug 2013


The Claimant was employed by the First Respondent as a teacher at Dowdales School. He was found to have been unfairly dismissed. Post dismissal he was convicted of common assault on a 16-year-old girl who was his former pupil and sentenced to six weeks’ imprisonment. The issue was whether the Employment Tribunal should have had regard to evidence relating to that conviction when assessing the compensatory award, in particular his pension loss. The ET considered the decision in Soros v Davison [1994] ICR 590 prevented it from doing so. The EAT allowed the appeal, the ET having erred in its approach. The Claimant’s conviction and sentence may have substantially reduced his pension loss and the ET determining the compensatory award would be entitled to take into account that evidence, and should have done so in the present case. The principles in Scope v Thornett [2007] IRLR 155 and Software 2000 Ltd v Andrews [2007] IRLR 568 applied.

Supperstone J
[2013] UKEAT 0398 – 11 – 1308
England and Wales
CitedSoros and Another v Davison and Another EAT 24-Jan-1994
The two employees who, after they were dismissed and their complaints of unfair dismissal were upheld by an industrial tribunal, but before the assessment of compensation, disclosed allegedly confidential information about their former employers to . .
CitedScope 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 . .
CitedSoftware 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 . .

Lists of cited by and citing cases may be incomplete.

Employment, Damages

Updated: 11 November 2021; Ref: scu.514353