EAT UNFAIR DISMISSAL
Compensation
Polkey deduction
The Claimant was unfairly dismissed on 8 November 2006. The Employment Tribunal found she would have been fairly dismissed or resigned on 16 January 2007 and awarded compensation for economic loss up to then but not thereafter. The EAT upheld this award for even if the manner of the dismissal made the Claimant ill and made it more difficult to seek work, the hypothesis of the limitation of loss, under Polkey, is that but for the dismissal with its attendant unfairness, the employment would have ended anyway.
The case was remitted to the same Employment Tribunal to determine whether loss after 16 January occurred, on the footing that by then the Claimant would have been admitted as a solicitor with access to higher paid work.
Having awarded compensation and aggravated damages for non-economic loss in respect of three wrongful acts, the Employment Tribunal was bound to earmark the amount awarded for each, as one carried with it an entitlement to seek interest.
Citations:
[2010] UKEAT 0512 – 09 – 1511
Links:
Employment
Updated: 31 August 2022; Ref: scu.427304