Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association: EAT 8 Apr 2003

EAT Unfair Dismissal – Compensation
In each case, The employee sought additional damages for non-economic loss after an unfair dismissal.
Held: The Act could be compared with the Discrimination Acts which explicitly awarded damages for hurt feelings. Clear authority lay against such awards in unfair dismissal cases. An Employment Tribunal considering a claim for damages for breach of a contract of employment cannot award general damages: it also cannot award such damages for wrongful dismissal at common law, as if it were a High Court or county court
EAT Unfair Dismissal – Compensation.
The Honourable Mr Justice Burton (P)
EAT/726/02, EAT/848/02, Times 09-Jun-2003, [2003] EAT 0726 – 02 – 2205, [2003] UKEAT 0726 – 02 – 2205
Bailii, Bailii, EATn
England and Wales
ExaminedJohnson v Unisys Ltd HL 23-Mar-2001
The claimant contended for a common law remedy covering the same ground as the statutory right available to him under the Employment Rights Act 1996 through the Employment Tribunal system.
Held: The statutory system for compensation for unfair . .
CitedMcCabe v Cornwall County Council, The Governing Body of Mounts Bay School CA 23-Dec-2002
The claimant sought damages for the consequences of having been suspended from work as a teacher. He later recovered damages for unfair dismissal, and the court had struck out his claim for damages over and above those already awarded.
Held: . .
CitedWellman Alloys Ltd v Russell 1973
Only economic losses are recoverable following a dismissal. . .
CitedNorton Tool Co Ltd v Tewson NIRC 30-Oct-1972
(National Industrial Relations Court) The court was asked to calculate damages on a dismissal, and particularly as to whether the manner of the dismissal should affect the damages.
Held: The common law rules and authorities on wrongful . .
CitedRobert Normansell (Birmingham) Ltd v Barfield 1973
The court refused to award damages for non-economic loss after a dismissal, and particularly in this case for loss of job satisfaction. . .
CitedVaughan v Weighpack Ltd NIRC 1974
(National Industrial Relations Court) In a claim for compensation for unfair dismissal, the employee should be treated as having suffered a loss in so far as he received less than he would have received in accordance with good industrial practice. . .
CitedMalik v Bank of Credit and Commerce International (BCCI); Mahmud v Bank of Credit and Commerce International HL 12-Jun-1997
Allowance of Stigma Damages
The employees claimed damages, saying that the way in which their employer had behaved during their employment had led to continuing losses, ‘stigma damages’ after the termination.
Held: It is an implied term of any contract of employment that . .
CitedNorton Tool Co Ltd v Tewson NIRC 30-Oct-1972
(National Industrial Relations Court) The court was asked to calculate damages on a dismissal, and particularly as to whether the manner of the dismissal should affect the damages.
Held: The common law rules and authorities on wrongful . .
CitedAlexander v Home Office CA 1988
Prisoners are a section of the public for the purposes of the 1976 Act. The Court increased an award for injury to feelings awarded for race discrimination by prison officers from pounds 50 to pounds 500. The court considered the appropriate level . .
CitedCleveland Ambulance National Health Service Trust v Blane EAT 19-Feb-1997
An Industrial Tribunal can award damages for injured feelings on a complaint of action which fell short of a dismissal.
Held: Judge Peter Clark said: ‘It is nothing to the point that an award for injury to feelings cannot be recovered in a . .
CitedHaigh v Royal Mail Steampacket Co Ltd CA 1883
”personal injury’ is not ‘loss’ because a limb may be broken without being lost. The word ‘injury’ would certainly have been more apt, but the word ‘damage’ can certainly mean personal injury’. . .
CitedTaylor v John Webster Buildings Civil Engineering EAT 1999
‘the basic award is to reflect a lost redundancy award; that is its function’. . .
CitedAddis v Gramophone Company Limited HL 26-Jul-1909
Mr Addis was wrongfully and contumeliously dismissed from his post as the defendant’s manager in Calcutta. He sought additional damages for the manner of his dismissal.
Held: It did not matter whether the claim was under wrongful dismissal. . .
CitedWatts and Co v Morrow CA 30-Jul-1991
The plaintiff had bought a house on the faith of the defendant’s report that there were only limited defects requiring repair. In fact the defects were much more extensive. The defendant surveyor appealed against an award of damages after his . .
CitedFarley v Skinner HL 11-Oct-2001
The claimant sought damages from the defendant surveyor. He had asked the defendant whether the house he was to buy was subject to aircraft noise. After re-assurance, he bought the house. The surveyor was wrong and negligent. A survey would not . .
CitedGogay v Hertfordshire County Council CA 26-Jul-2000
The employee sought damages for breach of the implied term of trust and confidence, even though she remained throughout the employment of the Council against whom she was bringing proceedings.
Held: Her remaining in employment was a factor . .
CitedEastwood v Magnox Electric plc CA 2002
There was a claim for damages in respect of psychiatric injury said to result from a breach of the implied term of trust and confidence, which was asserted to be recoverable notwithstanding Johnson, on the basis that the acts of the employer . .
CitedBoardman v Copeland Borough Council CA 13-Jun-2001
The claimant had ‘neither pleaded nor shown any damage to him during the course of his employment which resulted from his employer’s conduct. The only damage which is demonstrated is that which followed from his dismissal and, arguably, the manner . .
CitedPage v Smith HL 12-May-1995
The plaintiff was driving his car when the defendant turned into his path. Both cars suffered considerable damage but the drivers escaped physical injury. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . .
CitedDevine 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 . .
CitedLondon Fire and Civil Defence Authority v Betty EAT 1994
Tribunals should not be concerned to ascertain whether the illness was caused or contributed to by the employer. The question in issue is whether, in the light of the employee’s medical condition and the inquiries and procedures the employer made . .
CitedKumchyk v Derby County Council EAT 1978
The appellant sought to advance an argument that a certain term was implied into the contract of employment which, for its consideration, would have required consideration of a factual framework which had not been explored in evidence.
Held: . .
CitedCrofton v Yeboah EAT 16-May-2001
After a very long hearing, the appellant had been found guilty of race discrimination in his making of allegations about the behaviour of the respondent in failing to investigate corruption within Hackney London Borough Council.
Held: The . .
CitedWalker v Northumberland County Council QBD 16-Nov-1994
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did . .

Cited by:
See AlsoKingston Upon Hull City Council v Dunnachie; HSBC Bank Plc v Drage EAT 7-Jul-2003
EAT Practice and Procedure – Costs
EAT Practice and Procedure – Costs. . .
See AlsoKingston Upon Hull City Council v Dunnachie EAT 23-Jun-2003
EAT Unfair Dismissal – Procedural fairness/automatically unfair dismissal. . .
See AlsoDunnachie v Kingston Upon Hull City Council CA 11-Feb-2004
Compensation for non-economic loss brought about by the manner of an unfair dismissal is, on authority and on principle, recoverable. The award of such compensation by the employment tribunal in the present case was not excessive and was adequately . .
At EATDunnachie v Kingston-upon-Hull City Council HL 15-Jul-2004
The claimant sought damages following his dismissal to include a sum to reflect the manner of his dismissal and the distress caused.
Held: The remarks of Lord Hoffmann in Johnson -v- Unysis were obiter. The court could not, under the section, . .

These lists may be incomplete.
Updated: 09 January 2021; Ref: scu.183076