Dafiaghor-Olomu v Community Integrated Care: EAT 1 Jun 2022

Unfair Dismissal, Practice and Procedure – The EAT considered the meaning of s. 124(5) of the Employment Rights Act 1996 and concluded that payments to account should be deducted from the overall award before the applying the statutory cap even if that meant that the employer did not get any benefit from payments to account. The EAT further considered the circumstances in which an employee had the right to reconsider a judgement and concluded that reconsideration was not possible under the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013/1237, Schedule 1 paragraph 72 if it could not alter the outcome of the remedies hearing absent a change of position in the employee’s evidence. In such a situation there was no reasonable prospect of the original decision being varied or revoked. The respondent cross appealed and submitted that it was not competent for the ET to review the issue of compensation since the EAT had directed it only to consider the question of re-engagement. But the EAT was satisfied that the wording of the statute permitted the ET to make a further compensation order if, of new, it refused re-engagement.


[2022] EAT 84




England and Wales


Updated: 07 July 2022; Ref: scu.678573