The employee was found to have been unfairly dismissed. The employer appealed the compensatory award which was based on his depressive illness. They said that the illness predated the dismissal.
Held: The EAT’s decision was set aside. In increasing the award, the EAT had misconstrued the representations made by the appellant’s solicitors, but should itself have remitted the case.
Lord Justice Clerk And Lord Maclean And Lord Hardie
 ScotCS 230, 2005 SCLR 951
Appeal from – Bruce v Dignity Funerals Ltd (Formerly SCI Funerals Ltd) EAT 22-Nov-2002
Cited – Devine v Designer Flowers Wholesale Florist Sundries Ltd EAT 1993
The claimant’s dismissal caused her to suffer anxiety and depression which rendered her unfit for work.
Held: The fact that the employee’s incapacity was caused by the unfair dismissal did not necessarily mean that she was entitled to . .
Mentioned – Scottish Daily Record and Sunday Mail (1986) Ltd v Laird 1996
Mentioned – Scottish Midland Co-operative Soc Ltd v Cullion 1997
Cited – Leonard v Strathclyde Buses Ltd 1998
To receive a compensatory award, a claimant must provide proof of loss. Referring to Norton Tool, Lord Blofeld said: ‘The approach . . has, as we understand the position, governed the attitude of tribunals to compensation ever since. It is, in our . .
Cited – Meek v City of Birmingham District Council CA 18-Feb-1987
Employment Tribunals to Provide Sufficient Reasons
Tribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question of law raised.
Bingham LJ said: ‘It has on a number of occasions been made plain that the decision of an . .
Cited – Hardy v Polk (Leeds) Ltd EAT 2-Feb-2004
EAT Practice and Procedure – Bias, misconduct and procedural irregularity
The amount of the respondent’s entitlement to pay in lieu will be relevant to the question of any compensatory award. . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 June 2022; Ref: scu.218742