The loss of a right to an extended period of notice is a proper head of damages in an employment loss case: ‘It is a claim for compensation for the loss of an intangible benefit, namely that of being entitled in the course of one’s employment, to a longer notice than might otherwise be the case.’ After referring to Hilti: ‘Looked at in that way, as the loss of an intangible benefit, rather than the loss of actual remuneration, we think it is clear that the Industrial Tribunal erred in law in this case and ought to have made an award in respect of this particular loss to whatever extent they consider to be appropriate.’
Citations:
[1981] IRLR 385, [1982] ICR 1
Jurisdiction:
England and Wales
Citing:
Applied – Hilti (Great Britain) Ltd v Windridge EAT 1974
EAT The employer appealed against the tribunal’s decision to make an award to compensate the respondent for the loss of entitlement to an extended statutory notice period.
Held: The award was upheld. Lord . .
Cited by:
Cited – Wolff v Kingston Upon Hull City Council and Another EAT 7-Jun-2007
EAT Practice and Procedure: Costs
1. Employment Tribunal entitled to make award of costs where Claimant persisted unreasonably in pursuing his claim for re-engagement.
2. The conventional award for loss . .
Mentioned – Dugdale Plc v Cartlidge EAT 20-Apr-2007
EAT Unfair Dismissal – Automatically unfair reasons / compensation
Employment Tribunal decision that Respondent has failed to comply with Schedule 2 Part 1 of the Employment Act 2002 contrary to authorities . .
Cited – Superdrug Stores Plc v Corbett EAT 12-Sep-2006
EAT Unfair Dismissal – Exclusions including worker/jurisdiction.
The Tribunal had awarded an obviously excessive sum of andpound;1420 for loss of statutory rights, without explanation of their reasons for . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 02 May 2022; Ref: scu.278666